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

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-).