President of Ukraine Volodymyr Zelenskyy signed draft law No. 12089 “On Amendments to the Civil Code to Strengthen the Rights of a Good Faith Acquirer.” The relevant information appeared in the draft law card on the website of the Verkhovna Rada, IZ writes.
According to the document, the state or territorial community loses the right to demand the return of illegally alienated land plots if more than 10 years have passed since the alienation. The list of such lands includes forests, coastal strips, and territories of the nature protection fund.
If the statute of limitations has not yet expired and the court decides to return the land plot, the new law obliges the state or community to compensate the bona fide purchaser for the value of the property. The amount of compensation will be determined according to the market value of the land.
However, the new provisions do not provide for mechanisms to compensate the state or communities for losses incurred due to illegal alienation. This provision has drawn criticism from human rights activists and land law experts.
The NGO Chesno has highlighted the dangers posed by the new law. ” Although the document contains certain exceptions for lands of strategic importance, critical infrastructure, the nature conservation fund, and cultural heritage, it has a number of nuances that actually complicate or make their return impossible ,” the organization said in a statement.
Of particular concern is the situation with the boundaries of the nature conservation fund and cultural heritage sites. Experts note that these boundaries are often not established or not entered into the State Land Cadastre, making it virtually impossible to restore ownership of such plots.
The Main Legal Department of the Verkhovna Rada also expressed reservations. The conclusion noted that the wording of the law may create additional difficulties for the return of property located in the temporarily occupied territories of Ukraine.
At the end of March, an electronic petition demanding that the President veto this law received over 25,000 votes, obliging the head of state to consider the appeal. Despite this, Volodymyr Zelensky signed the bill.
After the document was signed, environmental activists announced the start of preparations for protest actions. In their opinion, the new regulations effectively legalize the self-grabbing of land, in particular coastal areas and forests, which are important natural resources.
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