The Verkhovna Rada has legalised the expropriation of land and real estate for certain purposes during martial law. This was reported by Komersant ukrainskyi
.
This decision was voted for by 228 MPs. This means that the procedure for allocating land plots for the development of digital infrastructure has now been simplified. However, there are important nuances.
More details can be found in draft law No9549which the Verkhovna Rada received on 1 August.
The draft law explains that the procedure for allocating land plots for digital infrastructure facilities takes about 6 to 18 months for electronic communications service providers. It is complicated by the need to establish the boundaries of land plots, as such land plots are usually located outside settlements and have no boundaries, and require a change in their designated purpose. In addition, such work is subject to certain time limits set by some Ukrainian laws. In turn, this makes it impossible for providers of electronic communications services and/or networks to obtain land plots in a short time.
Therefore, the initiator of the draft law proposed to regulate these issues to simplify the procedure for obtaining land plots for electronic communications service providers to deploy and operate electronic communications networks and infrastructure.
“This, in turn, will ensure high-speed coverage of the territory of Ukraine with fourth-generation mobile communications and mobile broadband Internet access,” the document says.
Since the outbreak of hostilities throughout Ukraine, many internally displaced persons migrated from the southeastern regions to the western regions of the country, the initiator of the draft law stressed that the problem described at the outset was relevant to Zakarpattia region.
However, experts from the Main Legal Department of the Verkhovna Rada found nuances and details in the document, which they wrote about in Remarks to the draft law. Based on the results of the legal examination, they noted that a number of provisions of the draft law do not comply with the Constitution of Ukraine and are not consistent with the laws of Ukraine.
The changes in the draft law include
- the possibility of expropriation for reasons of public necessity by decision of the Transcarpathian Regional State Administration during the legal regime of martial law in Ukraine, in particular, land plots and other real estate objects of private and communal property
- reimbursement, in particular, from the state budget, of the value of the alienated real estate and losses caused by such expropriation;
- a ban on appealing to the court against decisions of the Transcarpathian Regional State Administration on the expropriation of a land plot or other real estate object.
“In the context of such changes, we note that the establishment of any exceptions (as specified in the draft law – specifics) to the general rules of expropriation of property rights during the legal regime of martial law in Ukraine on the territory of a separate administrative-territorial unit of Ukraine, namely Uzhhorod district of Zakarpattia region, is a violation of the requirements of part four of Article 13 of the Constitution of Ukraine regarding the equality of all subjects of property rights before the law (it should be borne in mind that the state retains the obligation to