During 2019, 65 farms, which are the members of the Ukrainian Agri Council (UAC), were attacked by raiders, and some of the businesses were raided twice. 19 cases were "repulsed", 46 were prevented.

According to Ruslan Dashitsky, the head of the legal department of the security company "Haydamaky", which provides protection of farmers, the most common type of raiding, which we had to resist, was "gray" raiding. Its characteristic feature is the use of falsified documents, illegal meetings of shareholders and participants, residents of the village - owners of land. For their success, the attackers used corrupted state employees, notaries, judges. It also occurred that the raiders were changing the data on land shares in the system of the State Register of Real Property Rights.

There were instances of forceful seizure of the farm, that is, "black" raiding.

"How is this happening?" Suddenly, without warning, "titushky" come to the territory of the company, accompanied by lawyers with a falsified court decision or contract. It is implemented through the service of bailiffs, special units of law enforcement agencies or private security structures. After receiving the wrongful court decision, the state bodies (executive service, police, state and private security structures) are involved, through which they enter the enterprise with further seizure of the seal and basic documents. A new manager is immediately appointed, prompting the raiders to control the company. The main task is not to allow the raiders to enter the territory, because their ultimate goal is to take possession of the harvest and the equipment stored in the warehouses,”Dashytsky stresses.

The situation is also negatively affected by the fact that the Ukrainian legislation lacks the concept of "raiding", as well as the responsibility for it, - the lawyer of the Ukrainian Agri Council for Land Issues Victoria Kipriyanova said. All cases, for the most part, qualify as crimes against property. However, at the end of last year, the Verkhovna Rada partially corrected the root cause by adopting laws aimed at counteracting raiding in Ukraine.

Thus, the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine on Counteracting Raiding" №340-IX, raised the point in many controversial issues, which often led to ambiguous interpretation. In particular: calculation of the term of the land lease agreement, automatic renewal and renewal of the lease agreement, "double" registration, etc.

Also, this law obliges the State Geocadastre to fill the land cadastre with all the information left in the old registers and on paper. The lack of this information electronically led to so-called "double" registrations, when state registrars, without access to the old registers, registered the rights with other persons.

“Honestly speaking, it’s too early to rejoice. In order for the change to be effective, there should be the will of the performers themselves first. For example, even in the first days when the law came into force, some officials of the departments of the State Geocadastre refused to execute court decisions on the restoration of the rights of victims, although the law 340 obliges them directly. Therefore, as practice shows, good laws do not always lead to a positive result, and there must also be real responsibility for not following them,”Victoria Kipriyanova emphasizes.

 

 

Monday, 3 February 2020

 

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