Zelensky signs scandalous law on alienated property despite call to veto it
7 April 18:39
President Volodymyr Zelenskyy has signed Bill No. 12089, which allows bona fide purchasers to keep illegally alienated property. Activists believe that it paves the way for many “high-profile developments.”
According to the bill’s card on the Verkhovna Rada’s website , the document was returned with the president’s signature on April 7, "Komersant Ukrainian" reports.
The draft law refers to cases where property was acquired from a person who did not have the right to alienate it, which the purchaser did not know and could not have known (a bona fide purchaser).
According to the deputies’ proposals, the state or a territorial community cannot reclaim property from a bona fide purchaser in its favor if more than 10 years have passed since the date of state registration of ownership.
Exceptions – the property belongs or belonged to critical infrastructure facilities; is of strategic importance for the economy and security of the state; is part of the cultural heritage objects that are not subject to privatization, objects of the nature reserve fund.
If the claim for reclamation of property in favor of the state/community is satisfied, the court will decide on compensation to the bona fide purchaser. Thus, before the property is reclaimed, the government agency must transfer the compensation to the court’s deposit account.
After compensation is paid to the bona fide purchaser, the state will have the right to demand compensation from the person through whose fault the property was illegally taken from the owner.
Why is the law criticized?
The Main Legal Department of the Verkhovna Rada criticized the document, noting that it contains privileged rights, provides appropriate protection only to certain participants in public relations, etc.
“It is unclear whether this provision will be used by the occupying state to prevent the state or territorial community from regaining ownership of their property,” the Legal Department of the Verkhovna Rada said in a statement.
The activists claimed that forests, water bodies and coastal strips, archaeological sites, defense lands, etc. were threatened. They also claimed that the law legalizes “land schemes”.
After the law was passed by the parliament, several petitions appeared on the website of the President’s Office calling on Zelenskyy to veto the document. One of them gained more than 25,000 votes, but still remains unanswered.
Now, the NGO “Heritage” has called on other organizations and initiatives to unite for a joint lawsuit to repeal the law.
