51 The People's Deputy of Ukraine appealed to the Constitutional Court with a petition for the verification of the constitutionality of the Law "On the Declaration of the Legislation of Ukraine" (No. 2215-IX), approved in April 2022. Under the sight were provisions that abolish the effect of a number of Soviet normative legal acts that previously regulated the issues of land rights.
The state of statement, in particular, establishes that the following acts are no longer applied in Ukraine:
- The Law of the USSR “On the Fundamentals of Land Laws of the Union of the USSR and the Union Republics” (1968),
- "Fundamentals of the USSR Laws and the Union Republics on the Earth" (1990),
- Land Code of the Ukrainian SSR (1970),
- Decrees and resolutions of the Verkhovna Rada of the USSR, which accompanied the introduction of these acts.
MPs emphasize that over 20 years of these normative legal acts, many land plots for citizens, enterprises and organizations have been issued. However, deradanization has questioned the legitimacy of the rights obtained on the basis of already invalid law.
If the rights to the land were issued in accordance with the Soviet or USSR law and not reissued in accordance with the current legislation of Ukraine, their reality may be appealed. In cases of disputes, it will be difficult to prove the legitimacy of such rights, since the source of law is no longer recognized.
People's deputies express serious concern about possible legal conflicts. They emphasize that this can create widespread difficulties for landowners and users of the land, in particular in the process of litigation or during the re -registration of documents.
The submission is currently being processed by the Secretariat of the Constitutional Court of Ukraine. If the court recognizes certain provisions of the law as unconstitutional, it may affect a significant number of land relations and lead to changes in the practice of registration of land rights.
