Re-codification of land law may help launch land market, Oleksandr Polivodskyy says
Lifting the moratorium on sale of agricultural land has been a stumbling rock of Ukrainian politics for almost 18 years. The President expects that the land market will be launched within a year.
Sofiya Law Firm partner Oleksandr Polivodskyy answered a reporter’s question about whether Ukraine is ready for the implementation of the land market during the ‘Good Morning Country’ show.
The expert pointed out that although the country is not completely ready for an open land market, there are at least two reasons why this has to be done. The first reason is about title to the land given to approximately seven million Ukrainians, who have land interests but cannot sell them, meaning that they are denied a part of what it means to be the right of ownership – to enjoy their property.
The second reason, according to Mr Polivodskyy, relates to the ECHR judgment delivered in Zelenchuk and Tsytsiura v. Ukraine, holding that the moratorium breaches a person’s right to enjoy their possessions, which right is guaranteed by the Convention for the Protection f Human Rights and Fundamental Freedoms.
The lawyer is certain that a solution to the problem should be found promptly, although the ECHR gave some time to remedy the contravention discovered. The expert pointed out that this November to December the newly elected Parliament will for the umpteenth time attempt to address the issue of extending the land moratorium period. Until that time, we could elaborate comprehensive amendments to the land law to dispel fears over the open land market suggesting that monopolists or foreigners will buy up Ukrainian land for peanuts.
‘More than one hundred acts have introduced amendments to the Land Code,’ the Sofiya Law Firm partner has reminded. ‘Also, we have a couple douzen land acts that were enacted at different times to deal with individual matters. As a result, our land law contains repeating and overlapping provisions. Accordingly, the re-codification (a full replacement) of our land law seems to be a possible solution to the problem.’
NEWS OF LF “SOFIYA”
Олександр Поліводський очолив Комітет НААУ з аграрного та земельного права
16.10.2019Національна асоціація адвокатів України утворила Комітет з аграрного та земельного права, який опікуватиметься проблемами захисту прав суб’єктів, обміном інформацією між колегами, виробленням стратегій судового...
Vadym Roshkaniuk holds round table conference on judicial system between Ukrainian and German parties
10.10.2019Most of lawyers find the German legal system to be exemplar, as it is integrated in the laws of many European countries belonging to the Romano-Germanic legal system. The Nordic countries, Poland and even the Russian Empire lived or continue to live under German law.