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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.

 

Forfeiture as an Exception

30.09.2014

Ruslan Bandurystyi, attorney at law at Ilyashev & Partners
Source: The Yurydychna Praktyka

As a general rule, Ukraine imposes restrictions on ownership of inherited agricultural lands by aliens, foreign business entities or stateless persons. These persons or entities are required to transfer, assign or otherwise dispose of the land within a year. Otherwise, a court order will be issued to take the land from them.

However, courts may apply Article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms reading that everyone “is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.”

Therefore, in its judgments of January 15, 2014 (case no. 6-46701св13) and of 29 January 2014 (case no. 6-39255св13) overriding the orders of the inferior courts the High Specialist Court said that courts should take due care in verifying whether there is such “public interest” and that no such land may be taken from the heir if devisee unless in exceptional cases and only upon an advance compensation of its price.

 
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