Аналітично-порівняльне правознавство (Sep 2024)
Realization of the property right to land on the territory of Ukraine during the state of war
Abstract
The article is devoted to the study of the peculiarities of the implementation of the property right to land on the territory of Ukraine during the state of war. Emphasis is placed on the fact that, despite the guarantee of land ownership proclaimed by the Constitution of Ukraine, the full-scale invasion significantly affected almost all spheres of public life. This influence is also observed in the implementation of the provisions of the Land Code of Ukraine, in particular regarding the implementation of the right to free privatization of land. It is determined that on November 19, 2022, amendments were made to Subclause 5, Clause 27 of Chapter X of the Land Code of Ukraine which has prohibited the free transfer of state and communal land into private ownership from now on. It is indicated that, as an exception, free privatization is allowed for those owners on whose land plots are located real estate objects, as well as in the case of free privatization of plots transferred for use before the entry into force of the specified changes. Particular attention is paid to the issues of ensuring the ownership ofland of military personnel, whose free privatization is also guaranteed by the Laws of Ukraine “On social and legal protection of military personnel and members of their families” and “On the status of war veterans, guarantees of their social protection.” The relevant judicial practice, which is devoted to the issue of recognition of illegal negligence regarding the failure to consider within the time limits specified by law requests for a permit for the development of a land management project or for the approval of a land management project and appeals against the refusal of the subject of authority to grant a permit for the development of a land management project / approval of a land management project, has been analyzed. It is proven that the provisions of Subclause 5, Clause 27 of Chapter X “Transitional Provisions” of the Land Code are an additional legal basis for refusing to grant permits for the development of land management projects or approving land management projects and granting ownership of land plots.
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