Protecting the rights of landowners: how to effectively resolve disputes with government agencies

Land relations in Ukraine are a complex system that combines organizational and property components. Uncertainty in the legislation, numerous legal conflicts and imperfect mechanisms for protecting the violated rights of landowners create significant difficulties for the effective resolution of disputes with state authorities and local governments.

Legal framework for the protection of landowners’ rights

In Ukraine, the remedies for violated land rights are defined by a number of legal acts, including the Civil Code (CC), the Commercial Code (CC) and the Land Code (LC). In particular, Article 152 of the LC provides for the following remedies:

• recognition of the right to a land plot;
• restoration of the state of the land plot before the violation of rights;
• Recognition of a transaction as invalid;
• appealing against decisions of the authorities;
• compensation for damages.

However, despite the existence of these provisions, their implementation is often complicated by legal gaps, lack of clear procedures and ambiguous wording.

The main problems in land disputes

One of the key problems is the vagueness of the legislation on special methods of protecting land rights. This often forces plaintiffs to go to court with incorrectly defined claims, which leads to dismissal of claims.

Another challenge is disputes over the boundaries of land plots. The absence of a clear procedure for agreeing on boundaries between land users causes numerous conflicts that sometimes take years to resolve.

Uncertainty in the competence of the courts

A significant obstacle in resolving land disputes is the delineation of court competence. Administrative and commercial courts sometimes interpret the same legal relations differently, which leads to confusion and delays in the process.

Ways to solve problems

To effectively protect the rights of landowners, comprehensive legislative changes are needed:

1. Defining special ways to protect land rights. The Land Code should contain clear procedures for such situations as renewal of lease agreements, approval of land plot boundaries, transfer of land rights, etc.
2. Simplification of procedures for approving land plot boundaries. This will reduce the number of disputes between neighbors and ensure prompt resolution of conflicts.
3. Narrowing the competence of administrative courts. Land disputes of a private law nature should be considered exclusively by commercial or civil courts, which will help to avoid duplication of jurisdiction.
4. Introduce an analog of the Russian experience. The Land Code of the Russian Federation provides that a court decision recognizing the right to a land plot is the basis for state registration of this right. Ukraine could take this approach into account to improve its own land rights registration system.

Principles of reasonableness and fairness

Despite the existing problems, the courts should be guided by the principles of reasonableness, fairness and inadmissibility of denial of protection of rights due to legislative shortcomings. Article 8 of the Civil Code of Ukraine provides for the possibility of applying the analogy of law or right in cases where there is no direct rule, but protection of violated rights is necessary.

Protecting the rights of landowners is a complex and multifaceted process that requires not only a professional approach but also clear legislative regulation. In this case, it is better to enlist the support of professional lawyers who know the legal nuances and will help protect your land property.

Land owners and land users have the right to a fair trial and protection of their interests. The proper exercise of these rights is a guarantee of stability in land relations and trust in the judicial system.