O. Polivodskyy has explored problems preventing development of land relations in Ukraine
To prevent corruption in the area land relations, to get under control the registration of land title, and to reduce abuse and prevalence of land-related "bad faith" conduct, it is necessary, among other things, to finally have powers of central government clearly separated from those of local authorities.
Oleksandr Polivodskyy, partner at Sofiya Law Firm, has told about key land law-related problems and how they can be solved at the second panel meeting of the Agri Discussion Club that has been held in Kyiv on 6 February.
In particular, during his contribution “Ukrainian Land Law. Key Application Problems and Concepts. System Overview” the expert stressed that the illegal takeover of businesses is always enabled by numerous gaps and inconsistencies present in land law.
"In our practice, we still witness instances when land is used without registration. For example, the register may not reflect necessary information notwithstanding that the registration has taken place in 2013. This, of course, paves the way for bad faith acts and the deprivation of right to use the land," Mr Polivodskyy noted. He emphasised that the powers of central government should be legislatively separated from those of local authorities and that the existing legislative gaps relating to the control of state and communal land should be addressed.
The expert is of the opinion that the abovementioned problems should have been resolved by the President's Bill No. 7363 amending the Tax Code and certain Ukrainian legislation to promote the creation and operation of small farm businesses and the deconcentration of powers in the area of land relations.
But, despite the recognised urgency of the matter, the Parliament adjourned the consideration of the bill twice (in December 2017 and January 2018) and finally rejected it on 6 February.
NEWS OF LF “SOFIYA”
Head of Sofiya Law Firm's finance law practice analyses the Supreme Court's judgments in cases involving loans, interest, sureties, and mortgages
07.12.2018Interest can be paid monthly during a loan period agreed by the parties. After such period expires, the lender's right to charge contractual interest on the loan is terminated.
Sofiya Law Firm Attorney analyses case law on termination of land lease agreements
03.12.2018Disputes arising in connection with terminating land lease agreements are among the most common types of land-related disputes. This should come as no surprise as the existing ban on disposal of agricultural land makes land lease the most commonly used instrument to generate land banks of agribusinesses.