At the same time, a ban is introduced on legal appeals against the forced acquisition of land in relation to plots in Zakarpattia Oblast.
The Parliament adopted a law from the Cabinet of Ministers, which completely changes the principles of forced land acquisition from citizens and businesses. We are talking about the draft law of the Cabinet of Ministers on the use of land plots for the development of digital infrastructure No. 9549, which was submitted relatively recently, on August 1, and very “expeditiously” passed through the committees, in particular, the Committee on Agrarian and Land Policy. At the same time, the project was rewritten before the second reading.
As noted by People’s Deputy of Ukraine, member of the Verkhovna Rada Committee on Legal Policy Ihor Fries, “the council has just voted 228 to support the forced seizure of real estate and land from individuals and legal entities. At the same time, in a specific case, it was forbidden to appeal such decisions to the court in Zakarpattia region!” – he noted and indicated the violation of the Constitution by this law.
Ihor Fries added that he voted against and is preparing a resolution to repeal the law.
In turn, People’s Deputy Yaroslav Zheleznyak cited relevant quotes from the draft, which prohibits legal appeals against forced removal. This was pointed out by the Main Legal Department of the Verkhovna Rada, which had to carry out a legal examination of the project in an extremely short period of time.
“According to the results of the legal examination, we note that a number of its provisions do not correspond to the Constitution of Ukraine and do not agree with the laws” – noted the HYU.
The caveats are caused by amendments to the Law “On the Transfer, Compulsory Expropriation or Expropriation of Property under the Legal Regime of Martial Law or State of Emergency”, which do not take into account the subject matter of the Law on Expropriation.
Thus, the analysis of Article 14-1 of the Law on Expropriation (as amended by the draft law) shows that, in general, these provisions regulate social relations regarding the alienation of land plots and other real estate objects located on them, which are owned by individuals or legal entities , for public needs or for reasons of public necessity.At the same time, such objects are not returned to their owners, even if they have been preserved.
The law introduced changes that determine the features of forced expropriation of land plots and other immovable property on the grounds of public necessity under martial law for the placement of objects of the defense-industrial complex and infrastructure objects in the Uzhhorod district of the Zakarpattia region. These changes provide for:
the possibility of forced expropriation on the grounds of public necessity by decision of the Transcarpathian Regional State Administration during the legal regime of martial law in Ukraine, in particular, land plots and other objects of immovable property of private and communal property;
establishment of a ban on appealing to the court decisions of the Transcarpathian regional state administration on the forced alienation of a land plot, other object of immovable property, etc.
“In the context of such changes, we note that the establishment of any exceptions (as specified in the draft law – specifics) from the general rules of forced alienation of property rights during the legal regime of martial law in Ukraine on the territory of a separate administrative-territorial unit of Ukraine, namely of the Uzhhorod district of the Transcarpathian region, is a violation of the requirements of the fourth part of Article 13 of the Constitution of Ukraine regarding the equality of all subjects of the right of ownership before the law,” the State University noted.
“We also note that the approach proposed by the draft law regarding the establishment of a ban on appeals to the court of decisions of the Transcarpathian Regional State Administration does not ensure the protection of the rights of the owner of property that is forcibly expropriated, may lead to their violation and the inability of the owner to protect his legitimate interests,” they added.
In addition, according to the provisions of the new Article 14-1 of the Law on Expropriation (as amended by the draft law), the list of economic entities, for the placement of objects of which forced alienation of land plots and other objects of immovable property is allowed, is determined by the Cabinet of Ministers of Ukraine upon request Transcarpathian regional state administration. Currently, the text of the law is available only in the form of a comparative table before the second reading in the Committee’s editorial office. We present it in its entirety below, as well as the conclusion of the HYUU.
We will also remind you that on July 18, the Verkhovna Rada adopted draft law 11335 as a basis, according to which lands of nature and other conservation purposes, forests, and lands of historical and cultural purpose are going to be transferred in a simplified manner to defense lands for the placement of military units and military institutions.
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