Legal aspects of protection of rights to land plots that were transferred to private ownership based on the provisions of Decree of the Cabinet of Ministers of Ukraine No. 15-92

Abstract

Due to the lack of clear regulation of the procedure for registration of land ownership on various grounds of privatisation, the Decree of the Cabinet of Ministers of Ukraine of December 26, 1992, No. 15-92 “On privatisation of land plots” has become one of the most problematic legislative acts in Ukraine. That is why there was a need to distinguish between two procedures for the privatisation of land plots: according to the above-mentioned Decree and in accordance with the Land Code. The purpose of the study is to highlight the differences in the legal procedures for privatising land plots transferred to the ownership of citizens based on Decree No. 15-92 and in accordance with paragraph 5 of Article 17 of the Land Code of Ukraine of 1990 as amended on March 13, 1992, and later – Article 118 of the Land Code of Ukraine. The analysis of the practice of the Supreme Court on the application of Decree No. 15-92 and the Land Code of Ukraine in various versions, highlights the general trend in court decisions and describes individual cases that occurred in the judicial practice of higher instances. As a result of the study, it was established that the procedures for transferring land plots to the ownership of citizens based on Decree No. 15-92 and the Land Code of Ukraine differ. Privatisation based on Decree No. 15-92 is a specific simplified form of land transfer to ownership. It is noted that the legislation does not contain a clear regulation of the procedure for transferring land plots to private ownership, if privatisation was initiated based on the rules of Decree No. 15-92, there are a substantial number of legal disputes that are resolved in court. It is proved that the vast practice of the Supreme Court on privatisation issues is not always consistent, and legal conclusions are not systematised; simultaneously, the general trend towards resolving such legal disputes is consistent and understandable. Based on the conclusions of the Supreme Court, the procedure for privatisation under the rules of the Decree was systematised, the procedures for privatisation under the Decree and the Land Code of Ukraine were delineated, documents certifying the right of ownership were identified, and ways to confirm the existence of property rights/legitimate interests to land plots, the right of ownership/use to which arose in connection with the entry into force of Decree No. 15-92 were named. The practical importance of the results obtained lies in the possibility of using them to protect the rights of citizens to land plots, residential buildings and structures located on such plots in judicial and administrative procedures.