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of April 16, 2004 No. 7

About practice of application by courts of the land legislation by consideration of civil cases

(as amended on on March 19, 2010)

According to p.1 Art. 14 of the Constitution of Ukraine the earth is the main national wealth which is under special protection of the state which consists in ensuring rational use of land resources, preserving and reconstruction of fertility of soils, protection them from spoil and pollution, realization by citizens, legal entities and the state of their property rights and land use according to the law. The important role in protection of the rights and legitimate interests of citizens, legal entities and the states in the land and connected with them property legal relationship belongs to courts.

Generalization of practice of consideration by courts of the land and connected with land relations receivership proceeding demonstrates that they are solved generally correctly. At the same time in some cases mistakes are made: in determination of jurisdiction of these disputes; application of regulations about withdrawal of lands and compensation of the losses caused by violation of the land legislation; determination of procedure for use of the parcel of land by citizens who possess the apartment house, economic buildings and constructions on the right of joint property, and so forth.

For the purpose of ensuring the correct and identical application of the legislation by consideration by courts of the land and connected with land relations receivership proceeding the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts to need to steadily respect the rules of the Constitution and the laws of Ukraine adopted according to them other regulatory legal acts about the earth and its protection, to protect the rights of all persons of law of land ownership and housekeeping on it in case of the decision of the land and connected with land relations receivership proceeding.

2. By the general rule of differentiation of competence of the courts on consideration of the land and connected with land relations receivership proceeding it is performed depending on the subject list of their participants. That the land and connected with land relations receivership proceeding in which legal entities, and also citizens who perform business activity without creation of the legal entity are the parties and in accordance with the established procedure found the status of the subject of business activity, all others are considered by economic courts, and - according to the procedure of civil legal proceedings, except disputes, in particular, on appeal of decisions, actions or divergence of subjects of powers of authority in case of realization of managerial functions by them in the field of land legal relationship which solution according to Items 1, 3 parts one of article 17 of the Code of administrative legal proceedings are carried to competence of administrative courts.

Proceeding from provisions of Articles 8, 124 Constitutions, Articles 26, of 30, 87-90, 97, of 100, of 102, of 118, of 123, of 128, 143-146, 149, of 151, 153-158, 161, of 210, 212 Land codes of Ukraine (further - ZK), Chapters 27, of 33, 34 Civil codes of Ukraine (further - group of companies), Art. 15 of the Code of civil procedure of Ukraine (further - GPK), Art. 12 of the Economic Procedure Code of Ukraine (further - HPK) to courts are jurisdictional cases on statements, in particular:

- concerning ownership, use, the order the parcels of land which are in property of citizens or legal entities, and recognitions invalid the state acts of the property right and the right of permanent use of the parcels of land;

- about the right of citizens to land share (share) in case of privatization of lands of the state and utility agricultural enterprises, organizations and organizations, uses at the same time the parcels of land with meliorative systems;

- about distribution of nonagricultural grounds in case of liquidation of agricultural enterprises, organizations, organizations;

- about recognition invalid refusal in consideration of the applications of citizens about bezoplatny transfer into the ownership (privatization) of the parcels of land from lands of the state-owned or utility property for maintaining farmer and personal peasant economy, gardening, construction and servicing of the apartment house, economic buildings and constructions, the country house and individual garage;

- about recognition invalid refusal in provision in permanent use of the parcels of land to legal entities;


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