The European court has obliged Ukraine to lift the moratorium on land sales
The European court has obliged Ukraine to lift the moratorium on land sales
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Ban violates human rights.
The moratorium on sale of agricultural land violates the rights of Ukrainians-owners of the land.
The corresponding decision was taken Vrbaski court of human rights in the case “Zelenchuk and SICURA against Ukraine”, reports BBC.
The case concerned the complaint of two citizens of Ukraine concerning the state ban on the sale of agricultural land, which, in their opinion, violates their property rights.
See also:
The cost of land can grow three times – the world Bank
The court noted that after the collapse of the Soviet Union, Ukraine is mainly distributed agricultural land to people who had previously worked in collective farms, but “temporarily” imposed a ban on their sale, known as the “moratorium on land sales”. Then the government claimed that this prevented the concentration of land in few hands.
However, the ECHR came to the conclusion that the state has not determined a fair balance between the General interest and the rights of ownership of the plaintiffs. Thus, the court held that the government must ensure that balance, making legislative changes.
Video settings Ukraine extended the moratorium on sale of agricultural land
TSN. 19:30
7 December 2017, 19:57
However, the ECHR emphasizes that the court’s decision does not mean the requirement for Ukraine to immediately enter an unlimited market for the sale of agricultural land. In addition, the applicants have not received any monetary compensation. However, if Ukraine would “demonstrate the groundless delay”, it will still have to pay compensation to citizens for violation of the rights.
We will remind, the expert called the cost per hectare of land after the lifting of the moratorium on its sale. A ban on the sale of agricultural land extended until 2019. In the case of the lifting of the moratorium to sell their land shares are going about 10.4% of the owners.
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