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Privatization of land during martial law

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PREMIUM 48.28
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 06.06.2024

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                                                  Land privatization process   

     Land privatization is the process of transferring land plots from state or communal ownership to private ownership. This means that individuals or legal entities can acquire ownership of a certain plot of land and own it in accordance with the law. Privatization of land can be carried out through various procedures, including sale, lease or free transfer of land plots to owners.
    Suspending land privatization during wartime may be a strategic decision aimed at preserving land resources for national security and economic stability.
Thus, the state act on land and the cadastral number are important documents for the legal determination of ownership of a land plot. The state deed on the land confirms ownership of the land plot allocated for use, and the cadastral number is the unique identification number of the land plot in the real estate cadastre. Without these documents, ownership of the land may be dubious or unregistered, which may complicate legal transactions with it.
    Thus, from 2025, an important change in the legal status of unclaimed land shares is planned in Ukraine. According to the new legislative norms, such shares will be considered ownerless and will return to the ownership of territorial communities. This decision is aimed at more efficient use of land resources and solving the problem of unclaimed shares, which are often not used properly.

What this means in practice:

    Unclaimed land shares, which do not have owners or whose owners cannot be established, will be recognized as ownerless and become the property of territorial communities. Territorial communities will receive the right to such land through the procedure defined by law. Communities will be able to use the received land for various purposes, such as renting or selling, which will provide additional income to local budgets.
    The received land shares can be used for the development of local infrastructure, construction of social facilities, attraction of investors, etc.

Rights of owners:

    Owners of shares who, for various reasons, did not declare their right to land will have the opportunity to restore their rights by submitting relevant applications to local self-government bodies until the end of 2024. 
    Corresponding changes have been made to the legislation of Ukraine, in particular to the Land Code and other normative legal acts regulating the issue of land ownership. The legislative changes come into effect on January 1, 2025, giving owners time to settle their rights to land shares.
   One of the main problems is the identification of unit owners, especially if documents are missing or damaged.
   Legal disputes over land ownership are possible, which will require additional efforts by local governments and courts.
   This initiative is an important step on the way to more effective management of land resources in Ukraine, contributing to both the economic and social development of territorial communities.Yes, if the owner has a share certificate (not privatized), there is an opportunity to carry out privatization before the end of the period established by law for this. It is important to comply with all requirements and procedures regulated by applicable law, as well as to contact the appropriate government authorities in advance to obtain the necessary information and assistance in this process. 
    You can also contact legal advisors to help you resolve your issue.

 

# plot rental # plot sale # plot purchase # plot marking # plot privatization #
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