Land for persons with the status of an IDP. Why are the registers closed and how to avoid risks after opening?
19 November 2024 14:12
Land allocation to persons with the status of combatants is important both from the point of view of social justice and for informing combatants about their rights. The active process of allocating land plots for ATO/JFO participants began after the outbreak of the war in Donbas in 2014. Presidential Decree No. 150/2014 of March 18, 2014, instructed the government to ensure proper social support for ATO participants, including the provision of land plots. However, after Russia’s full-scale invasion, land registries in Ukraine were temporarily closed for security reasons, and the discussion of the risks and consequences of their reopening is becoming increasingly relevant. What rights do combatants have, whether they will be able to freely obtain land after the registers are opened and what risks should be paid attention to – all this was told in detail by Fatima Gulalieva, lawyer of Winner Partners, in an exclusive interview with "Komersant Ukrainian"
What can combatants claim?
Persons with the status of combatants have the right to receive a land plot in accordance with Article 12 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” (adopted on October 22, 1993), including participants of the anti-terrorist operation, have the right to priority allocation of land plots for individual housing construction, gardening and horticulture, in the following amounts
- for gardening – no more than 0.12 hectares;
- for personal farming – no more than 2.0 hectares;
- for the construction and maintenance of a residential building, outbuildings and structures (personal plot) in villages – no more than 0.25 hectares, in towns – no more than 0.15 hectares, in cities – no more than 0.10 hectares;
- for individual summer cottage construction – no more than 0.10 hectares.
How to choose a land plot?
The “Public Cadastral Map” can help you choose a free land plot at the desired location and with the appropriate purpose (due to the martial law in Ukraine, access to the service is limited (the map is disabled for public access).
However, the practical implementation of this right is often complicated by bureaucratic obstacles, lack of free land, and potential corruption risks.
Why are the registers closed and when will they be opened?
During the period of martial law in Ukraine, registries, including the State Land Cadastre, were closed. This was done to prevent data manipulation, protect strategic information and reduce risks in the field of land relations. However, this measure also has a downside – restricting citizens’ access to information complicates the process of obtaining land for the combatants.
On February 24, 2022, in accordance with the Law of Ukraine “On the Legal Regime of Martial Law,” Ukraine introduced martial law.
According to the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Creating Conditions for Ensuring Food Security under Martial Law” No. 2145-IX dated 24.03.2022, the Law defines the peculiarities of regulating land relations during martial law, including, in particular
“Conclusion, execution, amendment, renewal and termination of land lease agreements and acquisition of the right to lease, sublease of land plots in Ukraine or its separate localities in which martial law has been introduced shall be carried out taking into account paragraphs 27 and 28 of Section X “Transitional Provisions” of the Land Code of Ukraine.
What risks may arise after the registers are opened?
➢ The opening of the registers may lead to a massive influx of requests from persons with the status of combatants. Given that the number of such persons has increased significantly due to the full-scale war, the system may be under pressure. Local governments and the StateGeoCadastre may not be able to cope with the volume of work, which could lead to delays and even collapse of the procedure.
➢ In many regions, especially in the central and western parts of Ukraine, there is already a shortage of free land. This may lead to uneven distribution of land plots, conflicts between citizens, and a decrease in trust in government agencies.
➢ The massive opening of registries may become a pretext for intensifying schemes of “pseudo-distribution” of land. This may take the form of re-registration of plots to fictitious persons or manipulation of cadastral records.
➢ If the process of land distribution is not transparent or fair, it may lead to discontent among combatants. Insufficient communication between the government and citizens will only worsen the situation.
➢ Opening registries after a long period of closure may reveal technical malfunctions, such as data loss or disruptions in access to information.
What are the risks to avoid after opening the registries?
➢ Before opening the registries, ensure proper technical preparation of the system. This includes data backup, audit of cadastral records and modernization of access
➢ It is important to create a clear algorithm for submitting and processing applications from the UBD. Priorities may need to be set for those who have not yet exercised their right to land or for veterans who have participated in hostilities since the beginning of the full-scale war.
➢ The introduction of public monitoring, online application tracking services and anti-corruption measures will reduce the risk of abuse.
the state should explain to combatants what steps they need to take to obtain land, what rights they have, and what documents they need.
in case of a shortage of available land in certain areas, alternatives should be offered, such as compensation in the form of money or housing.
Opening registries is important so that people with IDP status can access information and realize their right to land. However, if this is done without preparation, serious problems can arise. The state should take into account all the risks in advance and implement effective solutions to avoid overloading the system, corruption and people’s dissatisfaction, summarizes lawyer Fatima Gulalieva. Only a well-thought-out approach will help to simultaneously protect the rights of servicemen and maintain order in land issues.
