As we wrote earlier, on January 1 2018, the President of Ukraine, Petro Poroshenko, once again signed a law, which extended moratorium on sale or alienation in any other way agricultural lands for 1 one year.
Even then, there were rumors, that, probably, the moratorium was signed for the last time, because of Memorandum requirements, which Ukraine had signed with IMF, and which provides for the opening land market.
On May 22, 2018, the European Court of Human Rights ruled that the prohibition on buying/selling agricultural land violates the European Human Rights Convection. This was due to legal action by two Ukrainian citizens, who in their complaint claimed, that such prohibition violates their personal freedom and property rights as the owners of such sites. According to the Court decision, Ukraine has to pay 3000 euros compensation to applicants, under the condition, that similar claims will not be filed.
Also, in its decision, the ECHR noted, that no other country in the Council of Europe, has not imposed such a prohibition and focused on Ukraine discrepancy to ending the mismatch of the moratorium.
Two weeks earlier, the World Bank declared about alacrity to provide more financial help to Ukraine, in case if the moratorium would be lifted, and predicted, that land price will instantly grow up for at least 3 times. And its director Satu Kahkonen noted: “Business is ready to pay more for certainty and the ability to avoid investment risks. Technical work on lifting the moratorium in Ukraine is actually completed”.
European Court of Human Rights decisions are binding for the members of Council of Europe, however, the ECHR has no legal instruments for independent legislative changes and the final decision remains with the national authorities.
With kind regards, team of GC “Agroliga”.