ECHR Ruling on Land Seizures: What Compensation Can Ukrainian Owners Expect?.

The Systemic Issue of Land Ownership Cancellation in Ukraine

According to Novyny.live: A systemic problem in Ukraine involves the cancellation of private land ownership, which results in plots being returned to the state even after owners have made significant investments. This cancellation is enacted through the courts, with prosecutors arguing the land was originally allocated in violation of the law. This practice has caused considerable concern among landowners who have developed their properties.

The European Court of Human Rights (ECHR) has emphasized that confiscating land without compensation constitutes a disproportionate interference with the right to property. Consequently, affected owners may be entitled to financial compensation or to be granted land of equivalent value elsewhere. Rostyslav Kravets, a legal expert, notes:

“Deprivation of property without payment of an amount reasonably related to its value will normally constitute a disproportionate interference.”

Adapting Judicial Practice and Its Challenges

While Ukrainian judicial practice is gradually adapting to these European standards, the issue remains pressing. Owners facing land ownership cancellation can seek monetary compensation or equivalent land, but the process is often protracted and complex. As Rostyslav Kravets further states,

“Restitution cannot be a one-way street,”

Therefore, the situation regarding land ownership cancellation in Ukraine demands attention from both state authorities and the public. It is crucial to strike a balance between the interests of the state and the rights of property owners to prevent negative consequences for the country's investment climate.

The problem of land ownership cancellation in Ukraine is deeply rooted and requires a comprehensive solution. On one hand, it is necessary to ensure legal compliance in the initial allocation of land plots, and on the other, to protect the interests of owners who have invested in their property. Resolving these issues could be a significant step toward improving Ukraine's investment climate and bolstering trust in state institutions.