Parliament wants to simplify access to private land for fortifications: what the law proposes and where the risks lie
13 February 18:30
Amidst the ongoing war, Ukraine’s parliament is preparing to change the rules governing the use of private agricultural land for defense purposes. This refers to draft law No. 14117, which allows land to be transferred for the construction of fortifications without the consent of owners or tenants, according to "Komersant Ukrainian".
The initiative is intended to speed up the construction of defensive structures, but it has already raised concerns among anti-corruption experts and the parliamentary agricultural committee.
What is the problem now?
The current procedure provides for:
- the expropriation of private land,
- a change in the intended use,
- transfer of the land to the military for permanent use.
In wartime conditions, this is considered too slow and costly, especially given the temporary nature of fortifications.
What does draft law No. 14117 propose?
The document introduces a special procedure for establishing land easements for military needs:
- regional military administrations (RMA) will be able to establish easements at the request of the Ministry of Defense of Ukraine or other military formations;
- the consent of the owner or tenant will not be required;
- the easement is established for one year but is automatically extended until the end of martial law.
After the easement expires, the military must either restore the land to a usable condition or initiate its purchase on grounds of public necessity.
What owners and tenants will receive
The draft provides for:
- compensation in the amount of 12% of the normative monetary value of the land plot;
- payment two years after the easement ends;
- separate compensation for the cost of the harvest if it was impossible to collect it.
Tenants, subtenants, and land users (in particular, under emphyteusis) are exempt from paying rent for the duration of the easement, and this will not be considered a breach of contract.
Plot area and technical issues
- if the plot is less than 10 hectares — the easement applies to the entire territory;
- if it is more than 10 hectares, it is possible to establish an easement only on part of the plot, but without agreeing on the technical documentation with the owner.
The Main Scientific and Expert Directorate (GNEU) draws attention to the following:
the draft does not contain clear criteria for when the entire plot is needed and when only part of it is needed, which creates room for arbitrary decisions.
Comments from the Anti-Corruption Committee
On February 10, 2026, the parliamentary committee on anti-corruption policy announced a corruption factor:
- OVAs are given the right to both approve and refuse the establishment of easements;
- at the same time, the grounds for refusal are not specified, which opens the way for a selective approach.
The committee insists on revising the document with a clear list of such grounds.
Balance between defense and farmers’ rights
The SSSU generally supports the idea of quick access to land for defense purposes, but criticizes:
- limiting compensation to easement fees only;
- ignoring real losses — soil degradation, restoration costs, and lost profits.
In its current form, the bill significantly simplifies the construction of fortifications, but shifts part of the burden of war onto farmers.
