What are the legal mechanisms for protecting property rights to land and other resources in...?

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... agricultural sector exist in Ukraine?

03.05.2023 15:32 689

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Photo of lorina200215 Lorina Fedan

Separate provisions of the Constitution of Ukraine and the Land Code of Ukraine establish the main guarantees of protection of rights to a land plot. The Land Code defines a non-exhaustive list of ways to protect land ownership rights.

Protection of the rights of citizens and legal entities to land plots is carried out by:

  • recognition of rights

  • restoration of the condition of the land plot that existed before the violation of rights, and - prevention of actions that violate rights or create a danger of violation of rights

  • recognition of the agreement as invalid

  • invalidation of decisions of executive authorities or local self-government bodies

  • compensation for damages

The main problem of violation of land rights is raiding. Raiders take advantage of the inattention of land users and farmers when:

  • the farmer, for one reason or another, did not monitor whether the current lease contracts on the land were not terminated;

  • when they were concluded and whether property rights to them are registered;

  • to understand where your land plots are located, in which massif, what their percentage is, to know what percentage of land is in private ownership and is in your land use, what percentage is in state or communal ownership;

  • whether these leases need to be renewed, they can use land plots on the basis of civil law agreements, that is why the agrarian believes that he is using the land plot legally and all the agreements are drawn up correctly, and at this time someone creates his land management documentation and registers your rights to your land plot.

The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Combating Raiding" regulates these issues and guarantees the protection of land ownership rights. Boards for considering complaints against the decisions, actions or inaction of the state registrar, subjects of state registration, territorial bodies of the Ministry of Justice are an effective method of protection against the raiding of land plots and other property.

19.05.2023 14:49

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