“Property Rights in Ukraine: Exercise or Defend?” was the title of a discussion held in Lviv on October 21, organized by the Center for Public Advocacy with support of the International Renaissance Foundation’s Rule of Law Program
“Property Rights in Ukraine: Exercise or Defend?” was the title of a discussion held in Lviv on October 21, organized by the Center for Public Advocacy with support of the Rule of Law Program of the International Renaissance Foundation.
The 10 most common property rights violations in Ukraine were presented at the event.
Topping the expert-compiled list was non-execution of court decisions protecting ownership rights. According to experts, the state is unable to cope with its obligation to guarantee the enforcement of court decisions, thus rendering it impossible for citizens to possess, use or dispose of property even after a court ruling.
Rounding out the “top 10” list were the following problems:
– violation of the right to social benefits in the amount prescribed by law;
– violation of rules for the compulsory appropriation of private property by the state for public use and failure to provide compensation for such property at market prices;
– inability to assume ownership of unlicensed construction due to complicated registration procedures;
– inability to exercise property rights due to procedural obstacles (disputes between courts over jurisdiction in cases involving land ownership);
– obstruction of use of property belonging to the local community and poor management of public property;
– inability to exercise the right to ownership of land because of the requirement to replace old land acts with new ones;
– violation of the right to ownership of income (wages, pensions, etc.) due to violation of payment periods;
– non-enforcement of court decisions on compulsory payment of wages, pensions, etc.;
– obstacles to the right to use one’s property for business, etc.
The participants also noted that many court cases involving property rights could have been avoided, in particular family disputes over property and disputes among heirs. They also pointed out that documents establishing the right of ownership can be obtained out of court. In addition, state agencies and notaries are reluctant to make decisions involving ownership and send citizens to court.
According to experts, citizens increasingly face jurisdiction problems in administrative and civil cases appealing decisions by local government authorities regarding land issues, in particular the transfer of ownership of land parcels to citizens. According to experts, the lack of consistent judicial practice is only deepened by conflicts between courts of administrative and general jurisdiction, as courts gradually grab from one another cases concerning ownership, particularly those involving land and other real estate.
The Center for Public Advocacy
(+38 032) 244 46 59
cga@lawngo.net
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The aim of the Rule of Law Program is to support the civil society initiatives directed to the protection of human rights and fundamental freedoms, to promote strengthened legal consciousness and public activity at the central and local levels.
