In Ukraine, the deadline for land share owners to formalize their ownership rights has been extended to January 1, 2028. This extension was made possible through the adoption of Law No. 3993-IX “On Amendments to Certain Legislative Acts of Ukraine Regarding the Protection of the Interests of Land Shareholders, and the Application of Administrative Procedures in Land Relations,” which aims to protect the rights of landowners and facilitate the process of formalizing their land ownership.
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Reasons for the extension
One of the primary reasons for extending the deadline is the ongoing war in Ukraine. The occupation of territories, the displacement of the population, and the large-scale emigration of Ukrainians abroad have significantly complicated the process of formalizing land ownership. The original deadline for registering ownership rights on land shares, set for January 1, 2025, was no longer feasible due to these circumstances.
The extension to 2028 provides land share owners or their heirs with more time to complete the necessary formalities. This decision is aimed at preserving land rights and allowing time for individuals to address the issues that have arisen due to the war.
Changes to the legislation
Amendments have been made to Section 4 of Article 13 of the Law “On the Procedure for Allocating Land Parcels to Owners of Land Shares.” Under the new provisions, if by January 1, 2028, the owner of an unclaimed land share (or their heir) has not formalized their ownership of the land parcel, they will be considered to have renounced their right to receive the land.
The process of formalizing ownership rights
To formalize ownership rights on a land parcel, land share owners will need to complete several stages. Specifically:
- Develop and approve land management documentation, which includes determining the boundaries, area, and other important characteristics of the land.
- Register the land parcel in the State Land Cadastre, which is the official registry for land parcels in Ukraine.
- Register ownership rights in the State Register of Property Rights to Real Estate, which is necessary to confirm the legal status of the land ownership.
This process may be complicated by a lack of access to certain territories, the absence or limited functioning of government authorities in occupied areas, and the displacement of many citizens abroad. Therefore, the extension until 2028 gives people additional time to complete all required procedures under the current circumstances.
Importance for land share owners
Delays in the process of formalizing land rights could lead to negative consequences for land share owners, especially in the case of renouncing their right to the land after 2028. That is why the adoption of this law is an important step in protecting citizens’ property rights, even in times of war.
The legislative changes allow citizens who have gone through difficult times, or their heirs, to exercise their land rights without facing legal challenges caused by the war or other force majeure circumstances.
Conclusion
The extension of the deadline for formalizing land ownership rights is an important step in protecting the interests of land share owners and their heirs, given the current wartime conditions. It will help preserve the legal status of land parcels and ensure the legitimacy of their use in the future, which is vital for the agricultural sector and the economy as a whole.
