The peculiarities of restitution of agricultural land in Ukraine

Buletsa, Sibilla (2024) The peculiarities of restitution of agricultural land in Ukraine. AGRÁR- ÉS KÖRNYEZETJOG / JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL LAW, 19 (37). pp. 27-74. ISSN 3058-0447

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Abstract

In the post-Soviet space, two main approaches formed the basis of land reforms: 1) restitution, i.e., the return of land ownership to former owners (as in the Baltic countries, Romania, Slovakia, Albania, etc.), and 2) privatisation of land plots (as in Ukraine, Belarus, etc.). Ukraine lacks legislation regarding property restitution, as the country has not yet decided on this matter. Worldwide, property restitution is carried out to restore property rights violated by communist and national-socialist (Nazi) totalitarian systems. The state must acknowledge its unlawful seizure of private property by recognising the act of violence by the state during the acquisition of property rights. The adoption of the Land Code on March 13, 1992, marked the beginning of land privatisation in Ukraine. The initial years of land reform and privatisation primarily focused on agriculture. In the sphere of agrarian production, a reform was necessary to provide land to workers. For this reason, starting from 1992 rural lands in Ukraine, which were previously owned by the state and used by agricultural enterprises, were transferred to peasants. During the war in Ukraine beginning in 2022, existing legislation prohibits both the formation of land plots through free privatisation, as well as specifying their boundaries and registering them in the state land cadastre.

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