Features of the emergence of land rights in Ukraine under martial law

Abstract

The article is devoted to the analysis of the peculiarities of the order of origin of land rights in Ukraine under martial law. It is established that under martial law the requirements of the legislation on the formation of land registration, not adapted to the new realities, and in fact from February 24, 2022, the formation and registration of land was suspended due to the temporary suspension of electronic state registers. Therefore, in such conditions, with the use of intensive agricultural production, there was an urgent need to create a legal framework for simplified access to land. At the same time, it is emphasized that in the conditions of external aggression against Ukraine it is necessary to develop a new legal framework that highlights the need for scientific understanding of changes caused by the war in legal regulation of land relations and the formation of scientific basis for their justification. In this regard, it is extremely important to study the problems and peculiarities of the order of origin of land rights in martial law. In addition, the article analyzes the latest regulations in the field of land relations under martial law and identifies their features. Arguing that the legislation of Ukraine of the «war» period of introduction simplifies the legal mechanisms for settling relations in the field of acquiring the right to use as soon as possible the use of agricultural land for food production. Also, the legislator in the first place to put the interest of society, while the interests and desires of owners and users of land in some cases may be out of place. It is emphasized that the recent history and challenges of Ukraine, what the state faces, are unprecedented decisions to solve many problems of Ukraine’s economy and to repel external armed aggression. Attention is drawn to the fact that it is important in martial law to ensure an adequate level of legal protection of land rights in Ukraine. The conclusion is substantiated that it is necessary to take into account the problematic aspects of «pre-war» legislation of Ukraine and not repeat the mistakes of previous years, ensuring stability and system of state policy in land relations in wartime, in order to form further offenses in the field of land rights. Key words: land rights, martial law, public interests, state registration of right