Main points
- Land shares can be seized from debtors for non-payment of utility bills if the debt is not paid through a contract.
- Under martial law, there is a moratorium on real estate foreclosures on consumer loans, but experts advise negotiating debt restructuring so that the land plots remain with the owners despite the debts.
Which Ukrainians can have their land share taken away / Photo by Pexels
Ukrainians have begun to have their land plots confiscated due to utility debts. At the same time, it is known that the enforcement service has the authority to take such actions if the debtor refuses to pay for utility services.
Which Ukrainians may lose their land share and why?
The director of Rivneteploenergo spoke about what is happening in the land market in the program “Dialogues”.
Oleksandr Yushchuk explains that the total debt of consumers to the company is almost 240 million hryvnias. Therefore, the company uses all legally possible tools and methods to collect debts.
For example, this may be an appeal to the court if the debtor does not pay the debt due to the contract. In particular, by court decision, bailiffs can seize the debtors' accounts. There are also tougher measures. As Yushchuk notes, some debtors even had their land plots seized for non-payment of utility bills.
The head of the company emphasized that the executive service has the legal authority to take such actions.
What can be charged from the debtor to settle the debt?
According to the Law “On Enforcement Proceedings”, a debtor can even be evicted from a single apartment. For example, if the amount of debt exceeds 20 minimum wages (172,940 hryvnias), a person will be evicted from the apartment.
If the debt is less than the specified amount, the enforcement service can collect other property: a car, a summer house, an apartment (if the debtor has more than one such property), land plots and shares in the company.
In addition to accounts and money on cards, they can also freeze your salary. A portion of your monthly payment can be immediately deducted to repay the debt.
However, lawyer Vladislav Zaitsev told ICTV Facts that separate rules apply during martial law and for 30 days after its end. This includes a moratorium on foreclosures on real estate for consumer loans .
During the period of martial law, the creditor cannot exercise its rights to acquire the debtor's housing, sell it, or put it up for electronic auction,
– added the lawyer.
At the same time, experts advise negotiating debt restructuring so that the consumer can keep their land and real estate, despite existing debts.
What else do you need to know about land rights?
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To use someone else's land in Ukraine, you need a corresponding legal right, which is registered by the state. Artem Ripenko told Channel 24 that according to the law, you need to have a property right to use someone else's land. In particular, criminal liability is provided for the illegal use of someone else's land in Ukraine.
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But in a situation where a person has lost the documents for their land plot, you need to contact the police, as well as a notary to obtain duplicates through the archive. If this option does not work, you can go to court to determine ownership or establish the legal fact of ownership of the property.