Some legal positions of the Supreme Court on real estate issues

Volodymyr Kochyn

Обкладинка. 1-й випуск

Abstract

The material presented in this article contains an in-depth and at the same time comprehensive analysis of the current application by Ukrainian courts of vindication and negation remedies as methods of protection of land and other real estate.

The author demonstrates which remedies are considered to be ineffective and generally unacceptable today in the protection of property rights in registration disputes; in cases of protection of land ownership in unauthorized construction.

The author cites the decisions of the Constitutional Court of Ukraine in which the subject of constitutional control were the provisions which were assessed for compliance with the provisions of the Basic Law of Ukraine on property rights (Article 41).

The author also highlights the judgments of the European Court of Human Rights on a complaint about confiscation of property; on legislative restrictions on land that violated the right to peaceful enjoyment of private property; and on a decision to seek compensation for demolished real estate as a result of a miscarriage of justice.

And this is only a brief and not exhaustive description of the entire analysis, with the most interesting cases, which corresponds to the stated subject matter of the journal.