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Lawyer
Specializes in criminal, civil and administrative law, recalculation of military pensions
Restrictions on the disposal of land during martial law
National law allows us to dispose of property as we see fit. But in connection with the introduction of martial law, a number of restrictions were introduced. This was done in connection with the fact that to protect citizens from possible negative consequences when concluding various kinds of transactions. Restrictions also affected land relations. In recent years, land reform has been introduced in Ukraine, and today it must be adapted to work during the war.
Law of Ukraine No. 2247-9 defined the features of land regulation during martial law.
The main restrictions on land during martial law:
Right of use and lease. If the lease expires during martial law, it is automatically extended for another year. That is, in fact, the landlord is limited in the right to dispose of his land on lease issues. Even if the landlord planned to sell the land at the end of the lease or cultivate it on his own, now he will have to wait another year. Another interesting nuance is that tenants can sublease a land plot without the consent of the landlord for up to one year. Such agreements must be registered by military administrations, and the owner of the land must be informed about this within 5 days. In fact, the land can be transferred from hand to hand, and the owner of the land will only be notified about this, that is, his right to choose a tenant is limited.
Free land privatization
For the duration of martial law, it is not allowed to transfer land plots as part of free privatization. The preparation of a land management project during the war is also not carried out. In fact, by such a restriction, citizens are deprived of the right to receive land plots free of charge in their property.
Land sales and auctions in Ukraine.
Land sales relating to the transfer of land for rent are prohibited. If the auction was started before the start of martial law, but as of 02/24/2022 they have not been completed, then they are also canceled.
Purchase and sale of land during the war
Agreements for the alienation of land plots are carried out only by notaries who have received access to registers from the Ministry of Justice. It is also important that when concluding such a transaction, the notary can check the information about the presence of encumbrances on the land plot, otherwise it will be impossible to draw up an agreement.
So, as can be seen from the above, the war made a reflection on all spheres of life. National legislation adapts and changes in accordance with the challenges. Of course, there are some restrictions on the disposal of land during the war, but they change and are supplemented, so it is important to watch them so as not to miss important changes. Or use the help of specialists who will help you deal with the existing restrictions on the disposal of land during the war.
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