Main points
- Participants in hostilities have the right to receive an extraordinary land plot under Ukrainian legislation.
- During martial law, restrictions on land allocation apply, and preferential conditions do not apply.
Why UBDs don't give land / Photo Getty Images
According to Ukrainian law, combatants have the right to receive an extraordinary land plot. However, during martial law, certain restrictions on land allocation apply, and preferential conditions do not apply.
What restrictions apply during war?
Lawyer Larysa Velychko, in a commentary for Channel 24, draws attention to the fact that amendments have now been made to paragraphs 5 and 27 of Section X of the Land Code of Ukraine. According to them, during martial law, the free transfer of state and municipal land to private ownership is prohibited.
This is regulated by the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Restoration of the System of Registration of Lease Rights for Agricultural Land Plots and Improvement of Legislation on Land Protection”, which entered into force on November 19, 2022. The same restrictions apply to Ukrainian military personnel who have the status of a participant in hostilities.
Larisa Velychko
Counselor, GRACERS lawyer
A ban has been imposed on the free transfer of state and municipal land to private ownership, the granting of permits for the development of land management documentation for the purpose of such free transfer, and, in fact, the development of such documentation.
The lawyer also draws attention to the fact that the provisions of this subparagraph do not apply to the free transfer of land plots into private ownership :
- to owners of real estate objects (buildings, structures) located on such land plots, as well as for free transfer to private ownership;
- citizens of Ukraine of land plots transferred for use before the entry into force of this Code (i.e. before January 1, 2002).
How to renegotiate a land lease agreement in Ukraine?
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The Law of Ukraine “On Land Lease” provides for two ways of renegotiating the contract: concluding it for a new term and renewing the contract.
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Renewal of the contract provides for an extension for the same period without a written transaction, and there are restrictions for state and municipally owned lands.