PECULIARITIES OF LAND MANAGEMENT UNDER MARTIAL LAW

Authors

DOI:

https://doi.org/10.31734/architecture2023.24.177

Keywords:

land management, martial law, subjects of land relations, State Land Cadastre, special legislation

Abstract

The land management sector in Ukraine has undergone significant reforms over the past few years. These reforms include lifting the moratorium on the sale of agricultural land, implementing the principle of extraterritoriality for land plot approval and registration, improving the Public Cadastral Map of Ukraine and electronic registers, and introducing other innovations to improve land relations in Ukraine. However, the full-scale war outbreak has created new challenges. Due to the nature of land management, these activities were suspended for almost four months, and electronic databases were closed. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Restoring the System of Registration of Lease Rights of Agricultural Land Plots and Improving Legislation on Land Protection" suspended the process of free transfer of land to private ownership. Nevertheless, the functioning of the State Land Cadastre was preserved, and over time, the work of land management organizations resumed. This enabled the establishment of communication between the subjects of land relations, but certain peculiarities in the implementation of land management work under martial law still arose. The authors of the scientific publication identify those peculiarities and problems of land management works during martial law, highlight their causes, and analyze the consequences for the subjects of land relations. Based on the results of the study, the authors define four factors that determine the peculiarities and problems of land management under martial law, namely, technical, legal, organizational, and economic factors.

It is substantiated that insufficient awareness of the land relations participants leads to numerous negative consequences for all parties. At the same time, the established communication between land relations subjects can increase the effectiveness of reforms and significantly reduce the negative consequences, even if imperfect legislation is adopted.

References

Land Code of Ukraine dated 25.10.2001 No 2768-III as amended and supplemented on 27.07.2023. URL: https://zakon.rada.gov.ua/laws/show/2768-14#n992 (Accessed July 20, 2023).

On Amendments to Certain Legislative Acts of Ukraine on Peculiarities of Regulation of Land Relations under Martial Law: Law of Ukraine of 12.05.2022 No 2247-IX. URL: https://zakon.rada. gov.ua/laws/show/2247-20#Text (Accessed July 24, 2023).

On Amendments to Certain Legislative Acts of Ukraine on Restoring the System of Registration of Lease Rights of Agricultural Land Plots and Improving Legislation on Land Protection: Law of Ukraine dated 19.10.2022 No 2698-IX. URL: https://zakon.rada.gov.ua /laws/show/2698-20#Text (Accessed July 20, 2023).

On land management: Law of Ukraine dated 22.05.2003 No 858-IV as amended and supplemented on 08.06.2023. URL: https://zakon.rada.gov.ua/laws/ show/858-15#Text (Accessed July 22, 2023).

On the State Land Cadastre: Law of Ukraine of 07.07.2011 No 3613-VI as amended and supplemented on 18.05.2023. URL: https://zakon.rada. gov.ua/laws/show/3613-17#Text (Accessed July 22, 2023).

Privatization of land under martial law. URL: https://legalaid.gov.ua/publikatsiyi/pryvatyzacziya-zemelnyh-dilyanok-v-umovah-voyennogo-stanu (Accessed July 29, 2023).

Published

2023-12-16

How to Cite

Khavar Ю., Sai В., & Malibroda С. (2023). PECULIARITIES OF LAND MANAGEMENT UNDER MARTIAL LAW . Bulletin of Lviv National Environmental University. Series Architecture and Construction, (24), 177–183. https://doi.org/10.31734/architecture2023.24.177

Issue

Section

GEODEZY AND LAND ORGANIZATION: CONDITIONS, PROBLEMS AND DEVELOPMENT PROSPECTS