... abroad and I don't have the opportunity to come. How can I do the documents without me and what should my actions be?
Dad was privatizing the land, but he did not have time to the end and there is only the decision of the village council. Is it possible to privatize this land to my mother or sister, or is it necessary to complete it and then transfer it to them? And for whom is it easier and more economical to do it, so as not to overpay?
Yaroslav Sikorsky
To date, there is a procedure that allows the heirs who have accepted the inheritance to obtain the right to complete the procedure of privatization of the land plot. Heirs must submit an application to the local self-government body to change the party from the testator to the heirs in the privatization procedure. However, based on previous experience, it can be expected that the local government body will reject such an application because it is not provided for by law, or will be ignored by this body. Violation of the rights of heirs by such a local self-government body can be considered as grounds for filing a lawsuit.
To date, there is already a practice where heirs, as part of a civil process and in order to resolve a legal dispute, apply to the court with a claim against the local self-government body in order to recognize their right to complete the privatization of the land plot. In case there are several heirs, they can act as joint plaintiffs in this case. During the substantiation of the claims, the heirs note that the testator started the procedure of free privatization of the land plot, but due to his death, it was not possible to complete it. Since the procedure remained incomplete, there is no legally binding document that would confirm the right of the heirs to this land plot.
When considering civil cases related to inheritance, the courts refer to the information letter of the Higher Specialized Court of Ukraine for the consideration of civil and criminal cases No. 24-753/0/4-13 dated 16.05.2013 "On the judicial practice of consideration of civil cases on inheritance " and Resolution of the Plenum of the Supreme Court of Ukraine dated May 30, 2008 No. 7. According to these clarifications, the courts take into account that if the testator did not have ownership rights to the land plot in accordance with Article 125 of the Land Code of Ukraine, but started the procedure for the privatization of the land plot in accordance with the current legislation, and the local self-government bodies refused the heirs to complete the procedure privatization, then the heirs have the right to apply to the court for the recognition of the corresponding right in the order of inheritance - the right to complete privatization and obtain a state act on land ownership in the name of the heir. It is important to note that this legal position was confirmed by the Supreme Court and set forth in the resolution dated June 13, 2018 in case No. 128/1911/15-ts. In addition, the Supreme Court emphasizes that if a citizen who expressed a desire to privatize a plot of land dies before the competent body makes a decision on privatization, then his right to complete such privatization passes to his heirs in the order of inheritance.
