Legal assistance in exercising ownership rights to a land plot for ATO participants

The right to receive land plots free of charge by ATO participants is regulated by land legislation, namely Part 6 of Article 118 and Articles 121-122 of the Land Code of Ukraine. It is also worth noting that in accordance with Article 12 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, participants in hostilities are provided, in particular, with the following benefits: priority allocation of land plots for individual housing construction, gardening and horticulture.

In accordance with the principles of land legislation, land plots can be provided within the limits of free privatization norms. Article 121 of the Land Code of Ukraine provides for the following sizes:

a) for farming – in the size of the land share (share) determined for members of agricultural enterprises located on the territory of the village, settlement, city council where the farm is located. If several agricultural enterprises are located on the territory of the village, settlement, city council, the size of the land share (share) is determined as the average for these enterprises. In the absence of agricultural enterprises on the territory of the relevant council, the size of the land share (share) is determined as the average for the district;

b) for personal farming – no more than 2.0 hectares; c) for gardening – no more than 0.12 hectares;

d) for the construction and maintenance of a residential building, outbuildings and structures (homestead plot) in villages – no more than 0.25 hectares, in settlements – no more than 0.15 hectares, in cities – no more than 0.10 hectares;

e) for individual summer cottage construction – no more than 0.10 hectares;

e) for the construction of individual garages – no more than 0.01 hectares.

An ATO participant must submit documents to the executive authority or local government at the location of the land plot (to village, settlement, town councils – to obtain land from communal property, or to district state administrations – to obtain land from state property).

List of documents:

1. passport of a citizen of Ukraine;

2. written application indicating the desired size of the land plot;

3. graphic materials indicating the desired location of the plot;

4. certificate that the person is participating in the ATO.

If a person wishes to receive a land plot for farming – in addition to the above documents, it is also necessary to submit documents confirming experience in agriculture or education obtained at an agricultural educational institution.

If the ATO participant cannot personally submit these documents, this procedure can be carried out instead of him by his relatives or representatives by power of attorney (notarized).

After receiving the necessary package of documents, the relevant body shall consider the application within a period of no more than one month and grant permission to develop a land management project.

It should be noted that communally owned lands, which are mainly located within settlements, fall under the competence of village, town, and city councils, and state-owned lands, which are usually located outside settlements, fall under the competence of the Main Department of the State Land Agency in the region (plots for gardening or personal farming) or the district state administration (plots for other purposes).

The development of a land management project for the allocation of a land plot is carried out at the request of citizens by business entities that are executors of land management works in accordance with the law, within the terms stipulated by the agreement of the parties.

After development, the land management project is coordinated with the local land resources department (at the location of the plot).

The agreed land management project is submitted to the relevant executive body or local government (to which a package of documents for obtaining the plot was previously sent). The relevant body of government or local government, within a period of no more than 2 weeks from the date of receipt of the project (and if it is necessary to conduct a mandatory land management examination – after receiving a positive conclusion from such examination), makes a decision on approving the land management project and transferring the land plot into ownership.

According to Articles 125, 126 of the Land Code, the right of ownership to a land plot arises from the moment of state registration of this right and is registered in accordance with the Law of Ukraine “On State Registration of Property Rights to Real Estate and Their Encumbrances”.

Therefore, the ATO participant will still need to apply to the state cadastral registrar at the location of the land plot with an application for state registration of the land plot and provision of an extract about the land plot from the State Land Cadastre.

To receive legal assistance or consultation on these issues, you can contact:

14000, Chernihiv, Gorkogo St. 57

. tel.

(0462) 61-25-32





(0462) 61-25-32. Lawyers of the Chernihiv Public Committee for the Protection of Human Rights provide free consultations and legal assistance.

Assistance is provided within the framework of the project “Enhancing the capacity of ATO participants to exercise their rights to land plots and protecting the rights of peasants who own land and property shares in Khmelnytskyi, Kharkiv and Chernihiv regions” with the support of the Renaissance Foundation.

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