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22.05.2018 ECHR: Land moratorium violates the right to property protection  

 

Today, the decision of the European Court of Human Rights in the case "Zelenchuk and Tsitsyura v. Ukraine" regarding the moratorium on the sale of  agricultural landplot and was made public.

 

https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-183128%22]}

 

The court noted that after the collapse of the Soviet Union, Ukraine allocated agricultural land mainly to people who had previously worked on collective farms, and on a temporary basis introduced a ban on the sale of such land, known as the "land moratorium".

 

ECHR came to the conclusion that the current full moratorium on the sale of agricultural violates  the rights of citizens, therefore a more balanced law should be adopted.

 

The Court held that Ukraine did not establish an equitable balance between the general interests of the community and the property rights of the applicants. The Court noted that no other state of the Council of Europe has such a ban and referred to the inconsistency of Ukraine's approach to ending the moratorium.

 

The Court found a violation of Article 1 of Protocol No. 1 (protection of property) of the European Convention on Human Rights.