Why Combatants Cannot Obtain Land During Martial Law

Combatants in Ukraine have a legal right to priority access to land plots; however, due to the restrictions of martial law, this right remains largely unrealized.

This is reported by AgroReview

What Land Plots Can Military Personnel Obtain

According to Ukrainian legislation, military personnel and combatants have the opportunity to register a land plot out of turn. To do this, they must submit a request to local authorities or executive bodies responsible for the transfer of state or communal land.

The size of the plot depends on its intended use. For gardening, up to 0.12 hectares is allowed; for personal farming, up to 2 hectares. In the case of residential construction, the area depends on the type of settlement: in villages, up to 0.25 hectares; in towns, up to 0.15 hectares; and in cities, up to 0.10 hectares. For dacha construction, up to 0.10 hectares is permitted regardless of location.

Procedure for Obtaining Land Plots and Martial Law Restrictions

The request must include graphic materials indicating the desired location of the plot, as well as the consent of the land user if the land is already in use. To obtain a plot for a farming enterprise, documents confirming agricultural experience or a diploma from an agricultural educational institution must be provided. Additionally, documents verifying identity and confirming eligibility for benefits must be included.

“Authorities must consider the request within thirty days. After that, a decision is made to grant permission or provide a reasoned refusal. If there is no response within the established timeframe, the applicant has the right to appeal to the court.”

However, in November 2022, a law came into effect that made it impossible to transfer state and communal land into private ownership free of charge during martial law. This restriction applies even to combatants: not only is the transfer of plots prohibited, but also the issuance of permits for developing land management documentation for subsequent privatization. Thus, the process of obtaining land is blocked from the moment the application is submitted until the procedure is completed.

Exceptions exist only for property owners on the relevant plots, as well as for citizens who received land for use before January 1, 2002.

Features of Privatization and the Situation in Practice

It is important to note that during the privatization of a plot, agreement on boundaries with neighbors is not a mandatory condition. A neighbor’s refusal cannot be grounds for rejecting technical documentation, and local authorities have the right to approve privatization if sufficient evidence in favor of the applicant is collected.

In practice, the situation appears ambiguous. Despite the rights and benefits provided by law, martial law hinders the realization of these guarantees. Therefore, currently, combatants can only rent land or wait for the end of martial law to have the opportunity to register ownership free of charge.