Protection of land ownership of foreigners in Ukraine

Author:Dmytro Fedchyshyn - Iryna Ignatenko
Position:Dmytro Fedchyshyn - PhD. in Law, doctoral student of the department of civil law Zaporizhzhia National University, Ukraine, marlynkh@gmail.com. - Iryna Ignatenko -PhD. in Law, assistant of the department of land and agrarian law Yaroslav Mudryi National Law University, Ukraine, irena.nekosargot@gmail.com.
Pages:27-38
SUMMARY

The restrictions and peculiarities of the realization of the right of ownership of land by foreign citizens in Ukraine are considered. The emphasis is placed on the functioning of the principle of proportionality, the provision and criteria of predictability by the law and compliance in relation to the restriction of the rights of foreigners in acquiring agricultural land. The peculiarities of... (see full summary)

 
FREE EXCERPT
Protection of land ownership of foreigners in Ukraine
PhD. Dmytro FEDCHYSHYN1
PhD. Iryna IGNATENKO2
Abstract
The r estrictions a nd peculia rities of the r ealization of the r ight of ownership of
land by foreign citizens in Ukraine are considered. The emphasis is placed on the
functioning of the principle of pr oportionality, the provision a nd criteria of pr edictability
by the law a nd compliance in rela tion to the restr iction of the rights of foreigners in
acquirin g agricu ltural la nd. The pecu liarities of acquisition of the right of ownership on
land p lots and rights to use land plots in Ukraine by foreign citizens, foreign legal entities
and foreign states a re revea led. The au thors formulate the purpose of legal regulation of
restrictions on the right of ownership of foreigners to land. The primar y focus of the pa per
is efficiency a nalysis of the legisla tive prohibition on acquirin g property rights on
agricultu ral la nds (moratorium) by foreigners in Ukraine. The need to abolish this
moratorium on acquir ing agr icultural land in Ukra ine for citizens o f foreign countries is
justified.
Keywords: ownership rights; a cquiring of land; agricultura l lands; limitation of the r ights
of foreigners, land ownership, la nd rights.
JEL Classification: D86, K11, P14, P48
1. Introduction
Land has always been one of the ways to invest in order to receive profit.
The land of Ukraine is one of the most attractive objects for investing, because of
the availability of valuable black soil. One of the main assets of Ukraine is fertile
black soil, which occupy 8.7% of the world space. That`s why the land of Ukraine
is the main national wealth that is under the special protection of the state.
The right to own, use and dispose of property is one of the main
constitutional human rights, which is enshrined in the Constitution of Ukraine3.
However, both the Ukrainian legislation and the legislation of many member states
of the European Union (hereinafter - the EU) set certain restrictions and
peculiarities of the realization of this right by foreigners. First of all, it concerns the
realization of the right of ownership of foreigners to land.
Constitution of Ukraine proclaims that the land, its subsoil, atmosphere,
water and other natural resources within the territory of Ukraine, natural resources
1 Dmytro Fedchyshyn PhD. in Law, doctoral student of the department of civil law Zaporizhzhia
National University, Ukraine, marlynkh@gmail.com.
2 Iryna Ignatenko Ph D. in Law, assistant of the department of land and agrarian law Yaroslav
Mudryi National Law University, Ukraine, irena.nekosargot@gmail.com.
3    28.06.1996 .  254/96- (Constitution of Ukraine dated 28.06.1996
254/96-).

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