
An emergency non-scheduled sitting of the Constitutional Court of Ukraine has started today, where the appeal of 46 deputies on the constitutionality of the law on opening the land market is being considered.
In connection with numerous questions of agrarians, the UAC lawyer on land issues Victoria Kiprianova explains that the court will not cancel the Law on conditions of agricultural lands circulation (which, as planned, should come into force in July 1, 2021), and will officially explain provisions of the Constitution of Ukraine on land ownership.
"The CCU considers not the abolition of the land market law, but the interpretation of the Article 13 of the Constitution of Ukraine, which states that:
- the land, its mineral wealth, atmosphere, water and other natural resources within the territory of Ukraine, the natural resources of its continental shelf, and the exclusive (maritime) economic zone, are objects of the right of property of the Ukrainian people,
and the Article 14:
- land is the fundamental national wealth that is under special state protection,”
the lawyer explains.
Based on the purpose of the appeal, Peoples’ Deputies want to correct the above-mentioned provisions of the Constitution according to the fact that land cannot be sold at all (any land!). Only executive and local governments have the right to dispose of land on behalf of the Ukrainian people.
"To my mind, it is unlikely that they will nationalize what has already been sold. Because it will be a disaster! But in the future - yes. Most likely, the explanation of the CCU should serve as a further recognition of the Law “On the conditions of agricultural lands circulation” as unconstitutional,” Victoria Kiprianova summed up.
Monday, 2 November 2020