Judge of Constitutional Court publishes draft decision on interpretation of land norm

Source : 112 Ukraine

It is noted that the court took the relevant document as the basis
17:39, 4 November 2020

Constitutional Court of Ukraine

Judge of the Constitutional Court of Ukraine Serhiy Sas published the draft decision of the court about the interpretation of the land articles of the Constitution that were taken as the basis by the court on November 2 as ZN.UA reported.

“The Constitutional Court of Ukraine took the relevant document as the basis. Obviously, it will become the decision in the case,” the message said.

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Sas stated the official interpretation of the paragraphs of the Constitution on the land will not allow to deprive the Ukrainians of ‘the national wealth, creation of large landowner and large landed properties, as well as it will not allow the disappropriation of the citizens of Ukraine for land”.

The court considers that only the citizens of Ukraine are the subject of the property rights for land. In other words, foreigners and stateless people who legally stay in the territory of the country cannot be the subject of the property rights for the Ukrainian land.

“As the subject of the property rights for land, the Ukrainian people hold land governance through the All-Ukrainian referendum in accordance with Article 73 of the Constitution of Ukraine on change of the territory of Ukraine. Other cases of direct implementation of the land ownership by the Ukrainian people through the All-Ukrainian referendum are not enshrined in the Constitution of Ukraine,” the document says.

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The Constitutional Court also believes that the land ownership right of the Ukrainians is absolutely unchanged and cannot be restricted by any laws of Ukraine, actions of the state power bodies or bodies of the local self-government.

On November 2, the Constitutional Court considered the idea of the interpretation of land as the main national wealth. The Grand Chamber of the Constitutional Court did not adopt the decision. It will be considered during the next session; however it’s date is unknown yet.



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