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Legality of contracts for the exchange of agricultural land plots concluded before the opening of the land market

17/ 08/ 2021
  Author: Alexander Fedorko, Lawyer of Dynasty Law & Investmen It is no secret that before the opening of the land market, it was forbidden to alienate agricultural land (paragraph 15 of the Transitional Provisions of the Land Code of Ukraine established a moratorium on the alienation of agricultural land). However, clever practitioners found a way to circumvent the ban. In this way, a land mining agreement was invented, but recently litigation has been quite common, the subject of which is the invalidation of such a mine agreement. After hearing about the opening of the land market, the previous owners are trying in any way to return the previously alienated land. However, do not panic, because the case law is on the side of the current owners. The analysis of the decisions of the Supreme Court shows that the norms of the Land Code of Ukraine in different historical periods have established different requirements for the exchange of agricultural land, namely: From 01.01.2002 to 06.12.2004 it was possible to exchange land plots for farming (farming) and other commodity agricultural production for any objects of civil rights. (Resolution of the Supreme Court of March 31, 2021 in case №2-1050 / 2005, of March 10, 2021 in case №325 / 1272/17); From December 7, 2004 to January 12, 2007, it was forbidden to exchange land plots for farming (farming) and other commodity agricultural production; From 13.01.2007 to the present day it is allowed to exchange land plots for farming (farming) and other commodity agricultural production for other land plots regardless of their purpose. (Resolution of the Supreme Court of 02.12.2020 in the case №396 / 419/18, of 23.02.2021 in the case of №389 / 558/19, of 21.04.2021 in the case of №396 / 1055/18, Resolution of the Supreme Court Supreme Court dated 15.05.2019 in case №227 / 1506/18). So, if you have a lawsuit to invalidate an agricultural land contract, do not panic, contact a qualified lawyer Dynasty Law & Investment and we will keep your land intact.

Author: Alexander Fedorko, Lawyer of Dynasty Law & Investmen

It is no secret that before the opening of the land market, it was forbidden to alienate agricultural land (paragraph 15 of the Transitional Provisions of the Land Code of Ukraine established a moratorium on the alienation of agricultural land).

However, clever practitioners found a way to circumvent the ban. In this way, a land mining agreement was “invented”, but recently litigation has been quite common, the subject of which is the invalidation of such a mine agreement. After hearing about the opening of the land market, the previous owners are trying in any way to return the previously alienated land.

However, do not panic, because the case law is on the side of the current owners. The analysis of the decisions of the Supreme Court shows that the norms of the Land Code of Ukraine in different historical periods have established different requirements for the exchange of agricultural land, namely:

  • From 01.01.2002 to 06.12.2004 it was possible to exchange land plots for farming (farming) and other commodity agricultural production for any objects of civil rights. (Resolution of the Supreme Court of March 31, 2021 in case №2-1050 / 2005, of March 10, 2021 in case №325 / 1272/17);
  • From December 7, 2004 to January 12, 2007, it was forbidden to exchange land plots for farming (farming) and other commodity agricultural production;
  • From 13.01.2007 to the present day it is allowed to exchange land plots for farming (farming) and other commodity agricultural production for other land plots regardless of their purpose. (Resolution of the Supreme Court of 02.12.2020 in the case №396 / 419/18, of 23.02.2021 in the case of №389 / 558/19, of 21.04.2021 in the case of №396 / 1055/18, Resolution of the Supreme Court Supreme Court dated 15.05.2019 in case №227 / 1506/18).

So, if you have a lawsuit to invalidate an agricultural land contract, do not panic, contact a qualified lawyer Dynasty Law & Investment and we will keep your land intact.

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