An assessment of the legal framework governing land ownership is evolving in ukraine

Yuliia, Krasnova; Golovko, Liudmyla; Liudmyla, Hunko; Nataliia, Medynska; Gupta, Sandeep Kumar

doi:10.1016/j.matpr.2021.08.159

Cited by 3 publications

(4 citation statements)

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“…What results then are broad avenues for corruption, illegal informality, and confusion over who has what rights (Leshchenko, 2021; Zemko et al, 2021). This exists within a shadow market of tangled land transactions and the emergence of a parallel informal structure and set of rules for such lands (Kostyashkin et al, 2020; Yuliia et al, 2022). While the moratorium is set to end in a stepwise fashion, the shadow market has already left a legacy of corruption, non‐transparency in transactions, confusion and informality in documentation (Yuliia et al, 2022).…”

Section: The Tenurial Tanglementioning

confidence: 99%

“…This exists within a shadow market of tangled land transactions and the emergence of a parallel informal structure and set of rules for such lands (Kostyashkin et al, 2020; Yuliia et al, 2022). While the moratorium is set to end in a stepwise fashion, the shadow market has already left a legacy of corruption, non‐transparency in transactions, confusion and informality in documentation (Yuliia et al, 2022). A land reform launched in July 2021 was intended to combat corruption in the agricultural land sector and get rid of the shadow market (Leshchenko, 2021)—with the outcome of its six months of operation before the start of the war largely unknown.…”

Section: The Tenurial Tanglementioning

confidence: 99%

“…For a single house on its own parcel of land and in rural areas there can be congruence between the HLP owner, the land owner and the cadastre, but in urban areas, or on parcels where multiple families live, there will not be. While Yuliia et al (2022) note that the cadastre is 71% complete, approximately 200,000 parcels within the cadastre have mismatched information or other errors. Nizalov et al (2022) indicate that these errors exist due to problems with the initial paper documents for land parcels, along with overlap of boundaries.…”

Section: The Tenurial Tanglementioning

confidence: 99%

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Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

Unruh

2023

Peace & Change

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The severity of the population dislocation and destruction of housing, land and property (HLP) in the Ukraine war has driven efforts for starting reconstruction planning prior to the war's end. This comes with the realization that recovery will entail considerable preparation, including efforts at using seized Russian assets to finance it. Engaging in HLP restitution and compensation will be a primary recovery challenge, with the Ukrainian government moving forward with legislation for facilitating this. However, the government's current approach to processing what will be millions of HLP claims for restitution and compensation faces a daunting challenge. Housing, land and property rights prior to the war comprised a dense tangle of confusion, corruption, and inadequate documentation; such that attempting to untangle each claim on a case‐by‐case basis as currently planned is highly problematic and risks instability. This article describes this tangle as five categories of problems: (1) the post‐Soviet transition, (2) rule of law problems, (3) administrative tangles, (4) corruption, and (5) war‐related issues. The article then recommends that the government and international community pursue a ‘mass claims and transitional justice’ approach to large‐scale HLP restitution which is aligned with international best practice and able to supersede the tenurial tangle.

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Section: The Tenurial Tanglementioning

confidence: 99%

Section: The Tenurial Tanglementioning

confidence: 99%

Section: The Tenurial Tanglementioning

confidence: 99%

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Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

Unruh

2023

Peace & Change

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“…Yu. Krasnova et al (2020Krasnova et al ( , 2022 consider the process of development of legal regulation of land ownership in Ukraine. The study analyses the main stages and areas of development of this regulation, considering the legislative changes and reforms that have taken place in recent years.…”

Section: Literature Reviewmentioning

confidence: 99%

Untitled

2023

SLS

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The relevance of the chosen subject is dictated by the fact that countering criminal offences during the war is one of the most important problems that the legislator should respond to. Not only the level of the criminal situation in the state but also the effectiveness of the functioning of criminal law in general depends on how timely and correct decisions will be made in this area. The purpose of the study is to conduct a legal analysis of legislative initiatives to introduce new qualification circumstances, strengthen criminal liability by introducing new punishments and increasing the current sanctions for certain criminal offences. For this purpose, formal-logical, dialectical, logical-semantic, hermeneutical, comparative-legal, and other methods of scientific knowledge were used in the study. The study clarifies that legislative changes to strengthen responsibility for committing property and some other criminal offences under martial law are insufficiently justified and may lead to an excessive expansion of the current Criminal Code of Ukraine, a violation of its consistency. It is noted that this approach raises a number of doubts and requires the search for other, more effective ways of legal regulation. The expediency of applying a comprehensive approach in the formulation of criminal law norms, which provides for considering the tools of both the Special and General parts of the Criminal Code of Ukraine, is justified. The applied aspect of this scientific analysis is determined by the dynamics of lawmaking in this area and provides justification for the need to introduce appropriate legislative changes, and outlines the prospects for their application in practice. The practical importance of the study lies in the fact that strengthening criminal liability for certain criminal offences during martial law is a subject that goes far beyond purely theoretical importance

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Legal aspects of protection of rights to land plots that were transferred to private ownership based on the provisions of Decree of the Cabinet of Ministers of Ukraine No. 15-92

Zabzaliuk,

Besaha

2023

SLS

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Due to the lack of clear regulation of the procedure for registration of land ownership on various grounds of privatisation, the Decree of the Cabinet of Ministers of Ukraine of December 26, 1992, No. 15-92 “On privatisation of land plots” has become one of the most problematic legislative acts in Ukraine. That is why there was a need to distinguish between two procedures for the privatisation of land plots: according to the above-mentioned Decree and in accordance with the Land Code. The purpose of the study is to highlight the differences in the legal procedures for privatising land plots transferred to the ownership of citizens based on Decree No. 15-92 and in accordance with paragraph 5 of Article 17 of the Land Code of Ukraine of 1990 as amended on March 13, 1992, and later – Article 118 of the Land Code of Ukraine. The analysis of the practice of the Supreme Court on the application of Decree No. 15-92 and the Land Code of Ukraine in various versions, highlights the general trend in court decisions and describes individual cases that occurred in the judicial practice of higher instances. As a result of the study, it was established that the procedures for transferring land plots to the ownership of citizens based on Decree No. 15-92 and the Land Code of Ukraine differ. Privatisation based on Decree No. 15-92 is a specific simplified form of land transfer to ownership. It is noted that the legislation does not contain a clear regulation of the procedure for transferring land plots to private ownership, if privatisation was initiated based on the rules of Decree No. 15-92, there are a substantial number of legal disputes that are resolved in court. It is proved that the vast practice of the Supreme Court on privatisation issues is not always consistent, and legal conclusions are not systematised; simultaneously, the general trend towards resolving such legal disputes is consistent and understandable. Based on the conclusions of the Supreme Court, the procedure for privatisation under the rules of the Decree was systematised, the procedures for privatisation under the Decree and the Land Code of Ukraine were delineated, documents certifying the right of ownership were identified, and ways to confirm the existence of property rights/legitimate interests to land plots, the right of ownership/use to which arose in connection with the entry into force of Decree No. 15-92 were named. The practical importance of the results obtained lies in the possibility of using them to protect the rights of citizens to land plots, residential buildings and structures located on such plots in judicial and administrative procedures.

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An assessment of the legal framework governing land ownership is evolving in ukraine

Cited by 3 publications

References 0 publications

Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

Untitled

Legal aspects of protection of rights to land plots that were transferred to private ownership based on the provisions of Decree of the Cabinet of Ministers of Ukraine No. 15-92

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