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.

That was the decision the Kyiv District Administrative Court made in respect of a claim filed by a citizen. The experts of Sofiya Law Firm represented the interests of the citizen. The court has held invalid the dismissal of the constitutional complaint and revoked the letter of the head of the secretariat of the Constitutional Court dismissing the same.

Sofiya Law Firm’s partner Oleksandr Polivodskyy, partner and head of human rights advocacy before the Constitutional Court of Ukraine and the European Court of Human Rights Mykhailo Savchyn, and attorney Olha Datsiuk were engaged in the work on the case.

In November, the Constitutional Court received a constitutional complaint from a citizen asking to adjudicate on the matter of unconstitutionality of certain provisions of land and civil law, prescribing that the title to land, which is transferred under a contract that is subject to notarisation, should pass to the purchaser after such contract is notarised. The individual was of the opinion that the provisions of civil law and land law as applied in the final decision are in conflict with the Ukrainian Constitution and asked the court to hold that the application of these provisions to land relations be unconstitutional.

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14.03.2019
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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...



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