Consideration of current issues of property rights protection in Ukraine, including judicial practice, property acquisition, recovery, and international experience.
The issue of property rights protection in Ukraine covers a wide range of issues – from difficulties in determining the legal status of property to procedural shortcomings in judicial proceedings. Modern realities prove that property rights are not only one of the key guarantees Protection of property of the rule of law, but also the most vulnerable area, which often becomes an arena of conflicts.
Difficulties and nuances of protecting property rights in Ukraine: a lawyer’s perspective
Property rights protection is one of the most important categories of justice, affecting not only financial interests, but also the personal stability of citizens and businesses. As a practicing lawyer, I encounter this area regularly, and each property-related case, like a phone number list chess game, requires strategic thinking Protection of property and detailed analysis. In this blog, I want to share the main challenges and trends.
Acquisition of property rights: when the law is more complicated optimize caching strategy than reality
Newly created property
The right of ownership to newly created real estate arises from the moment of completion of construction or acceptance into operation (Article 331 of the Civil Code of Ukraine). However, in reality, the situation is often complicated by unfinished construction or disputes between investors and developers.
For example, in case No. 922/2200/23, a group of investors attempted to recognize their right to joint partial ownership of an unfinished construction site. The court refused because the contracts that served as the basis for the claim did not provide for awb directory ownership of the construction site, but only property rights. This case clearly demonstrates how important it is to distinguish property rights to future property from real property rights. Success in such cases requires a clear evidentiary base, including documents confirming the legal right to carry out construction.
