THE LETTER OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of January 16, 2013 No. 10-71/0/4-13

About some questions of application of regulations of the Land code of Ukraine

Having considered the letter of the chairman of Appeal Court of the Kherson region of rather some matters of argument of application of regulations of the land legislation, the trial chamber on civil cases of the Supreme specialized court of Ukraine on consideration of civil and criminal cases notes it.

Question: How provisions of Article 145 of the Land code of Ukraine (further - ZK) about compulsory acquisition of the parcel of land which belongs to the foreign citizen, and Item 15 of the Section ІХ "Transitional regulations" of ZK on prohibition of alienation of the parcels of land of agricultural purpose and whether guarantees the property rights to the parcel of land (article 153 ZK) are violated in case of its compulsory acquisition by a court decision correspond among themselves?

Answer: Persons of law of private property on the earth according to article 80 ZK determine citizens of Ukraine and legal entities. However taking into account content of part two of Article 81 and other regulations of ZK by persons of law of private property on the earth also foreign citizens and stateless persons are recognized.

In particular, foreign citizens and stateless persons according to part two of article 81 ZK can acquire the property right to the parcels of land of nonagricultural appointment within settlements, and also on the parcels of land of nonagricultural appointment outside settlements on which real estate units which belong to them on the right of private property are located.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info