Law on Good Faith Acquirers of Land Signed by the President of Ukraine
The President of Ukraine, Volodymyr Zelensky, has signed a law that amends the Civil Code of Ukraine to strengthen the protection of the rights of good faith acquirers of land (No. 12089). Relevant information appeared on the website of the Verkhovna Rada.
This is reported by AgroReview
The law, adopted in March, limits the period during which illegally alienated land plots can be returned to state and communal ownership. As noted by the author of the bill, Igor Fries, “If the property was alienated three, five, or seven years ago, the state has the right to sue for its return through civil court (of course, there must be grounds), and here the rights of the good faith acquirer do not apply. If the property was alienated from state ownership more than 10 years ago, but was alienated with signs of a crime — it goes to criminal proceedings. There are no statutes of limitations here. Good faith does not apply.”
Significance of the Law for Private Property
Fries also emphasized the importance of signing the law as a step towards “a civilized world where the foundation is the protection of private property.” The right to reclaim property without a statute of limitations is preserved for special categories, such as critical infrastructure facilities, strategic state-owned assets, cultural heritage sites, and nature reserves.
Criticism and Comments from Human Rights Defenders
Human rights defenders previously urged the president to veto this bill, as they believe it limits the ability of the state or community to reclaim property that has been illegally alienated from their ownership if 10 years have passed since its transfer to a good faith acquirer.
“First and foremost, such a limitation effectively legalizes the illegal alienation of property from the state or community through fraudulent schemes and abuses by officials. If the changes come into effect, it will be difficult to reclaim it even through court,” the human rights defenders stated.
A petition for the veto of this bill has gathered the necessary number of votes but has remained unanswered by the president.