The Verkhovna Rada of Ukraine is set to consider the new draft of the Civil Code of Ukraine in its first reading. Civil society sees direct risks to the protection of Ukrainian lands in the new version; according to activists, the code legalizes the illegal appropriation of state-owned territories—including forests, nature reserves, and water resources.
As emphasized by the Ukrainian Nature Conservation Group (UNCG), the updated code will create grounds to “legalize property stolen from the state,” and they are calling on members of parliament not to vote for draft law No. 15150.
According to estimates by environmental activists, if the bill is passed, it will be enough to re-register a plot containing a state forest, river, or archaeological site for the state and the community to lose the ability to fight for them.
In essence, this would undermine the basis for numerous court cases across the country where, through judicial rulings, land that had been removed from state or municipal ownership years earlier has been successfully reclaimed.
Consideration in fast-track mode
Representatives of the “Holka” civic initiative, in a piece for “Dzerkalo Tyzhnia”, highlight the haste with which the new Civil Code is being promoted. This concerns the April version of the document – draft law No. 15150. It comprises over 800 pages, but it was submitted to parliament less than a month after registration.
Neither government institutions, nor the public, had sufficient time to thoroughly review the document and analyze its associated risks. Referring to a representative of the Ministry of Justice, “Holka” writes that texts of this size require several weeks to study. For example, over 200 pages of comments were submitted on the previous version. The ninth book of the code, as proposed in the draft law, was previously even recommended to be excluded from the final document.
If a landmark isn't listed in the registry, then it doesn't exist
The threat to valuable areas lies in giving digital data priority over the real state of affairs. The updated Civil Code will effectively allow the use of gaps in registries to acquire ownership of state lands of special significance.
In practice, if there is no information about a monument in the registry, there are no obstacles for a notary or registrar to reissue ownership rights to a plot.
However, the registry in Ukraine is far from complete. It is supposed to consolidate data on land use restrictions, but, in fact, state authorities have still not synchronized data on a large number of monuments, historical areas, burial mounds, and so on.
According to the Ministry of Culture, out of more than 65,000 archaeological monuments, only 5,000 have been entered into the cadastre. The rest are classified as land for development or agriculture, which in practice threatens the destruction of these valuable areas.
“Everything not reflected in the register essentially loses the possibility to be protected in relations with third parties,” comments the civic community on the situation.
"Hidden" statutes of limitations
According to current regulations, the statute of limitations begins when an individual, the state, or a community becomes aware that their rights have been violated. The new Civil Code fundamentally changes this principle. Essentially, it establishes a duty to be aware of everything recorded in the register, and the statute of limitations starts from the moment changes are entered into it.
Whether government bodies can manage to notice the loss of valuable land among thousands of registry changes is a rhetorical question. However, if the state overlooks such a fact, it could lose the right to reclaim these valuable territories forever after just three years.
“This approach effectively nullifies the possibility for the state and communities to defend their interests, as most land and property crimes are uncovered years after they are committed. The proposed changes contradict established practice of the Supreme Court and are essentially aimed at undermining it,” write the authors at “Holka”.
EcoPolitic previously reported that environmental experts criticized the national strategy for adapting Ukrainian legislation to EU standards. In particular, practical nature protection is planned to begin only in 2033.
