‘Ukraine needs a system and well-developed land market,’ Oleksandr Polivodskyy says

Ukraine needs a free land market. However, this market should be free of legal uncertainties and must be socially oriented, i.e. it should uphold certain social values, be risk-free for its players and give them guarantees provided by law.

Sofiya Law Firm partner Mr Oleksandr Polivodskyy has shared such opinion when answering a question asked by Zakon & Business newspaper reporter about whether a free agricultural land market would turn Ukrainian farmers into serfs for foreigners.

According to the lawyer, a similar market will prevent raider attacks and various fraudulent acts and tricks. ‘To establish a system and well-developed market, we need a new land law, Oleksandr said with conviction. – The amendments should be systemic and ensure consistent regulation of the market rather than simply deciding on whether such market should be created or not.’

The lawyer has also raised the issue of land lease agreements, being the most common basis for using the land today. ‘Land lease contracts have a number of problems with the validity of such contracts being the most important one, in my opinion, said Sofiya Law Firm partner. – Most raider attacks are not only about duress, but also (and primarily) about the arguments arising from documents held by the parties to a contract. I think that this problem deserves much more attention than it is paid today.”

The expert is convinced that the issue should be addressed legislatively.

‘In addition, each party to land or other legal relations should make its own contribution to compliance with legal rules and support of legal, social and other values,’ summarized Mr. Polivodskyy.

It is our reminder that Sofiya Law Firm partner Mr Oleksandr Polivodskyy delivered a report at the 3rd Agrarian Forum of the Ukrainian Bar. In his report, Mr Polivodskyy covered the theoretical and practical aspects of validity of land lease contracts from a perspective of judicial practice.

Oleksandr Polivodskyy reminds about two methods for obtaining information on unoccupied land in Ukraine
All Ukrainian nationals are entitled to obtain free six land plots of different intended use. In accordance with the legislation, land plots can be allocated in any region irrespective of the place of residence if there is any unoccupied land within a territory falling under the authority of a municipal council.

Oleksandr Polivodskyy tells about how to recover damages arising from land pollution
Individuals and legal entities are held liable for damage caused to, or pollution or waste contamination of, agricultural or other land, including criminal liability. It is possible to recover both direct damages and lost profit provided that certain conditions are met.

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