Why Ukraine's Soviet-Confiscated Land Is Nearly Impossible to Reclaim.

Land restitution in Ukraine
Land restitution in Ukraine

The Challenge of Reclaiming Land in Ukraine

According to Novyny.live: In Ukraine, returning land plots confiscated by the Soviet authorities in the 1920s is a nearly impossible task, primarily due to the absence of a legal framework for restitution. Current legislation does not provide for the return of such confiscated land, as the country lacks a comprehensive law on full restitution. This issue remains highly relevant for many Ukrainians seeking to restore their property rights lost during the repressive Soviet era. The process is a complex legacy issue stemming from the country's communist past.

Article 5 of Ukraine's Law 'On the Rehabilitation of Victims of Repressions of the Communist Totalitarian Regime of 1917–1991' states that seized property may be returned to rehabilitated individuals or their heirs, but only if it is feasible. Crucially, buildings and other property nationalized under specific legislative acts are explicitly excluded from being returned.

The Action Plan for Land Reclamation

The process for reclaiming land is arduous and demands significant effort from the applicant. It requires locating ownership documents in regional archives, the archives of the Security Service of Ukraine (SBU), the Ministry of Internal Affairs (MIA), and other sources. Applicants can petition the regional rehabilitation commission to obtain official status as a victim of repression. If the return of land is denied, individuals have the right to appeal to an administrative court to defend their rights.

The step-by-step procedure for reclaiming land confiscated by Soviet authorities includes several phases:

  • Gather documents from regional archives, SBU archives, and MIA archives;
  • Examine land registers from the 1920–1930 period, lists of 'dekulakized' peasants, and files on special settlers;
  • Submit an application to the city or village council demanding compensation or the return of the land.

Consequently, the question of returning land confiscated in the 1920s remains unresolved. Those wishing to restore their rights face substantial legal and bureaucratic hurdles that complicate the process. The lack of a clear legal framework not only makes life difficult for victims but also casts doubt on the future possibility of a just resolution.

The issue of reclaiming historically confiscated land is a vital component of historical justice in Ukraine. It concerns not only individuals but society as a whole, reflecting the state's approach to property rights and the rehabilitation of repression victims. Therefore, the need to develop appropriate legislation grows increasingly urgent, as it could be a step toward restoring citizens' trust in state institutions and improving the nation's social climate.


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