ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
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Pursuant to the acts submitted by the Commissioner, the village council decided to lift the moratorium.
CHAPTER 2
In addition, the monitoring confirmed that the territorial authorities of the State Geocadastre
systematically neglect the requirements of the Regulation on the Main Oblast Department of the State
Geocadastre approved by the Order of the Ministry of Agrarian Policy and Food of Ukraine of # 333 of 29
September 2016 that stipulates that the Main Oblast Department implements its authority by issuing
organizational and administrative acts, including on refusal of a permit for the development of a land
management plan for acquiring a land plot into ownership
Example
The Main Department of the State Geocadastre in Ternopil oblast refused to issue to citizen A. a permit
for the development of a land management plan for acquiring a land plot into ownership. This refusal
was formalized as a letter instead of an administrative act.
To restore and prevent the restriction of the citizens’ constitutional rights to receive land plots into
ownership, the Commissioner sent appropriate requests that made the State Geocadastre eliminate
such violations in the activities of its territorial departments.
Observance of citizens’ rights during acquisition of land plots into property
During 2019, the Commissioner monitored 50 official websites of local councils for acts adopted by local
councils that set out a separate procedure for obtaining land plots by citizens that contravenes with the
land legislation and creates additional obstacles to the exercise of the right to receive land free of charge.
In accordance with Article 118 of the Land Code of Ukraine, citizens willing to acquire a land plot from
state or community ownership into their property free of charge within the limits of free privatization
shall submit an application to the relevant executive authority or local self-government body specifying
the purpose, approximate dimensions and attach graphic materials with the desired location.
Example
Velykomostivska City Council of Sokal district, Lviv oblast, has adopted its own procedure for the allocation
of land plots for construction and maintenance of residential houses and business structures. It established
that the land plots are provided only to Ukrainian citizens who are registered and reside in the territory of
this city for at least five years, exceptions are the combatants of the anti-terrorist operation, registered on
the territory of the city. There is also a requirement to provide a certificate with family composition. If a land
plot was to be acquired by several family members, it only could be granted to one of the applicants.
It also envisaged keeping records of citizens who want to get a land plot – every two years the citizens had
to update the applications for obtaining the land plot. In addition, the land plot is first leased for a period of
5 years, they can be transferred to ownership after at least 20% of construction works are complete.
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