Sofiya Law Firm Attorney analyses case law on termination of land lease agreements


Disputes 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.

However, land making part of such land tracts predominantly belongs to a great number of individuals. According to the State Land Cadastre, there were a total of 25.3 m individual landowners and users as of 1 January 2017. Accordingly, there is plenty of reasons for land disputes to regularly arise in respect of land that is let on lease.

Statistics of the Supreme Court show that 2,939 complaints have been brought before its Civil Cassation Court in cases involving land-related disputes for the first six months after it was established, of which the court heard 607 cases. The performance of the Commercial Cassation Court is more limited with 233 complaints filed of which the Court has considered 149 complaints. The complaints involved the issues of amending, terminating and invalidating land lease agreements.

A huge share of land disputes heard by the Supreme Court therefore relates to various issues of the ‘agricultural’ lease of land.

Please read the entire article authored by Sofiya Law Firm attorney Yuliia Horova for YURLIGA web portal to learn about key legal views expressed by the Supreme Court when considering relevant cases.



03.12.2018
NEWS OF LF “SOFIYA”
Oleksandr Polivodskyy: agrarian receipt is important form of charge over future crops but it is not unique in that
Is there any other form of charge of future crops apart from agrarian receipts? The law may not contain provisions that would be construed as restricting the freedom of contract. Accordingly, for the sake of clarity, the wording of article 576 of the Ukrainian Civil Code should be clarified.
More...



Kyiv District Administrative Court holds invalid dismissal of constitutional claim over land law
The head of the secretariat of the Constitutional Court of Ukraine is compelled to prepare a preliminary conclusion on the existence of grounds for commencing or refusing to commence constitutional proceedings in a case based on a constitutional complaint about land title registration law.
More...



All news