Land scams in Ukraine are not news. For decades, state and communal lands have been in private hands because of schemes that made it possible to bypass the law. Forests, coastal river lanes and even environmental territories were distributed to “their people”, and citizens lost access to reservoirs and recreational zones. Now deputies propose to fix these scams at the legislative level. Does this mean that illegally privatized lands will remain in the hands of those who appropriated them?
[see_also ids \u003d "
A problematic bill that has reached the second reading.
Deputies of the Verkhovna Rada Committee of Ukraine on Legal Policy recently supported the second reading bill No. 12089, which has a loud name: " In the near future it will be submitted to the parliament for adoption in general.
According to the explanatory note, the purpose of the bill is to resolve the issue of compensation to the “bona fide acquirer” in the event of the demand of property in favor of the state or community, as well as strengthen the legal protection of its interests.
At first glance, this may seem like a necessary initiative, allegedly aimed at protecting citizens from arbitrariness from the state or local authorities. But a more detailed analysis indicates the opposite: in fact, we are talking about limiting the rights of the state and a huge one to return illegally privatized lands that have passed into private property according to dubious schemes.
[see_also ids \u003d "
How will it work.
We are talking, in particular, about illegally formed private sections within the coastal protective lanes and other reservoirs, as well as on the lands of the State Forest Fund and Communal Forests. Only around Kyiv there are several thousand such sites, and almost all of them are already fenced by fences and built up with estates.
According to the current legislation, these lands can only be owned by the state or territorial community. Accordingly, their privatization, and even more so the construction on them are illegal. And in the case of coastal stripes, it also limits the right of citizens to unhindered access to reservoirs.
The authors of the bill No. 12089 propose to establish a ten-year term for appealing the illegal privatization of land, with the exception of the lands of the natural-reserve fund. In practice, this means that the areas that were illegally transferred to private property during the time of Yanukovych or before, it will no longer be possible to return to the state anymore.
In addition, even in cases where privatization occurred less than ten years ago, the land is offered to return only after the payment of its market value to the current owners - at the expense of the state or community.
That is, in the conditions of a full -scale war, when each hryvnia should go on the defense of the country, a number of deputies offer to spend millions of hryvnias on compensation to persons who illegally seized state land or did not check its legal status before buying.
[see_also ids \u003d "
Who is behind attempts to legalize the land deeriban.
The bill is actively lobbying for the group of oligarch Igor Kolomoisky and his political allies, in particular the people's deputy Igor Fris - the head of the subcommittee of the Parliamentary Committee on Legal Policy and one of the key initiators of the document. At the same time, the family of the people's deputy has already received considerable land plots, in particular more than 10 hectares of forest, through a private company.
It is significant that the Committee on Legal Policy completely ignored the position of ecologists, lawyers and even the Supreme Court of Ukraine.
“The Supreme Court twice sent its criticisms. We are talking about a bona fide acquirer, but destruction is a method of protection that applies to an unfair acquirer! We protect, therefore, an unscrupulous acquirer. It turns out that this project does not improve the condition of a bona fide purchaser at all. No way. In no way. The position on the protection of the right and the status of a bona fide acquirer was already stated the Grand Chamber of the Supreme Court, the Supreme Court. It is impossible not to understand that you have acquired property in birch or in the buffer zone. A priori, such a case can not be subject to any protection. Is it possible to generally discriminate against the state and local self-government having an equal status with any other owner? Will it be possible that the courts will be guided by the Constitution, and not these changes? "
The adoption of the bill creates legal grounds for legalizing dubious land transactions, which enables developers to continue the expansion of valuable natural territories without any financial risks. Sites will either remain in their property, or in the case of the return of these sites, the state compensates for their market value. For example, this can contribute to the construction of the Svidovets ski resort in the Carpathians, which threatens unique ecosystems in the territory of the East Svidovets emerald network. They plan to build this resort on an area of \u200b\u200bmore than 1400 hectares. One of the companies promoting this project is Skorzner, related to Kolomoisky and its partners, including Igor Palitsa.
Therefore, the question arises: whether this bill is really aimed at protecting the rights of citizens, or is it another attempt to legitimize the large -scale deeriban of the natural resources of Ukraine?
[see_also ids \u003d "
The public requires rejecting the bill.
Ekodіya, together with other environmental organizations, calls on people's deputies not to support the bill No. 12089 in the current version.
Its adoption threatens environmental safety, contradicts the principles of justice and deprives the state and community of the opportunity to return illegally alienated natural territories.
Natural resources belong to all citizens of Ukraine and must remain in state or communal property in the interests of current and future generations.
Everyone can influence the adoption of bill No. 12089 - write an appeal to deputies according to the instructions of the Ukrainian environmental group.
.