Privatisation of land plots during military time, legal aspects

Abstract

The paper critically examines the regulatory legal framework within the realm of land legislation, both pre-existing before the imposition of martial law and subsequent enactments following the commencement of armed aggression by the russian federation in Ukraine on February 24, 2022. The primary focus of the authors lies in the comprehensive analysis of the legal dimensions surrounding the privatization process of land plots under conditions of martial law, particularly delving into the system of constraints imposed on the land rights of citizens. The research encompasses a meticulous exploration of the provisions outlined in the current Land Code of Ukraine, national laws, and the legislative amendments implemented during the duration of martial law. Noteworthy emphasis is placed on scrutinizing court practices, especially the rulings of the Supreme Court. Additionally, the paper undertakes an analysis of the contributions of legal scholars, shedding light on their principal viewpoints and judgments regarding the mechanisms of privatization. The authors underscore the inconsistency inherent in land legislation that curtails the land rights of citizens during wartime, positing that these inconsistencies may pose challenges in their effective implementation. Consequently, they advocate for the necessity of legislative amendments. Furthermore, the paper deliberates on the prospect of eschewing the established procedures for the privatization of land plots. Given the pressing relevance of the issue of land privatization amid martial law, the study is anchored in contemporary events and provides a thorough exploration of the legal facets within the domain of land law. The conclusions drawn from the obtained results hold significance in understanding the prevailing mechanisms of land privatization against the backdrop of martial law.