The temporary occupation of the territory of Ukraine does not terminate the right of ownership of a citizen to a land plot. If the right to a land plot or land share (share) was acquired in accordance with the legislation of Ukraine, it continues to exist regardless of who actually controls the territory where the property is located. This was reported by the State Land Cadastre of Ukraine, as reported by agronews.ua.
One of the fundamental guarantees of the right of ownership is Article 1 of the First Protocol to the European Convention on Human Rights, according to which every natural or legal person has the right to peaceful enjoyment of his property. Deprivation of a person's right of ownership is possible only under the conditions determined by law and in accordance with the principles of international law.
The special legal regime of temporarily occupied territories also provides for the preservation of the right of ownership of property acquired in accordance with the legislation of Ukraine. Actions of the occupation authorities aimed at the illegal registration or re-registration of Ukrainian real estate do not change the ownership rights in the Ukrainian legal system.
Therefore, the owner of a land plot or share does not need to recognize the legality of documents issued by the occupation authorities simply because such documents were actually issued in the occupied territory. The legal assessment of such actions is carried out in accordance with the legislation of Ukraine, not the legislation of the occupying state.
At the same time, the owner should not limit himself to waiting for de-occupation. If the land plot is located in a temporarily occupied territory, it is necessary to preserve the documents confirming the establishment and ownership of the rights to the maximum extent. This could be a certificate for a land share, a state act, a contract, a certificate of inheritance rights, a decision of a local self-government body, an extract from the State Land Cadastre, or information from the State Register of Property Rights to Real Estate.
It is crucial to verify whether the land share has already been allocated in kind and whether a separate land plot with a cadastral number has been formed. The legal status of a certificate for a land share and the legal status of an already formed land plot are different, and therefore, the procedure for further legal actions may differ.
It is also necessary to take into account the Law of Ukraine No. 3993-IX, which amended the deadlines for the registration of land shares. For the respective category of lands, the legislator provided for an extension of the registration deadlines, and for territories under temporary occupation or where hostilities are taking place, special rules for calculating the relevant deadline have been established.
Therefore, the inability to carry out a full range of land management works in the occupied territory does not automatically mean the loss of the right to a share. At the same time, the specific situation should be assessed taking into account whether the share is demanded, whether a land plot has been formed, whether the ownership right is registered, and what is the status of the territory.
