The Verkhovna Rada has unblocked the signing of the law on the procedure for the forced alienation of land plots and other real property that are in private, communal ownership, on the grounds of social necessity in the conditions of martial law for the placement of objects of the defense-industrial complex and infrastructure objects in the Uzhhorod District of the Zakarpattia Region by decision of the Zakarpattia Regional State Administration.
Member of Parliament from the Holos faction, Yaroslav Zhelezniak, announced this on his Telegram channel, the Ukrainian News agency reports.
"That's it. All resolutions on that Zakarpattia law have failed. Next is the President's veto," he wrote.
According to the law, the initiators of forced expropriation can be central executive authorities, local self-government bodies, the General Staff of the Armed Forces of Ukraine, as well as enterprises that will carry out the construction and operation of objects for the placement of which forced expropriation is carried out.
Based on the results of consideration of the initiator's application for forced alienation of land plots and other objects of immovable property, the Zakarpattia Regional State Administration applies to the Cabinet of Ministers with a statement to include the relevant economic entity in the list of economic entities, for the placement of objects of which forced alienation is allowed land plots, other real estate objects.
At the same time, such a decision of the government is the basis for the Zakarpattia Regional State Administration to make a decision to prepare materials for forced expropriation.
If within 45 days from the date of entry into force of the decision of the Zakarpattia Regional State Administration, the owner of the land plot or other object of immovable property does not receive an application for consent to the sale of such property, then a decision is made to forcibly alienate it, as well as a corresponding appeal to the court.
The Rada also established a ban on appeals to the court of the decisions of the Zakarpattia State Administration on the forced alienation of a plot of land and other objects of immovable property.
At the same time, the Main Legal Department of the Verkhovna Rada notes that the establishment of a ban on appealing to the court the decisions of the Zakarpattia Regional State Administration does not ensure the protection of the rights of the owner of property that is forcibly expropriated, and may lead to their violation and the impossibility for the owner to protect their legitimate interests.
"Compensation, as proposed by the bill, at the expense of, in particular, state budget funds of the value of land plots, other immovable property of private property, which are alienated, as well as losses caused by such alienation, without determining the sources of coverage of future budget expenditures, is not consistent with the norms of Part 3 of Article 95 of the Constitution of Ukraine regarding the state's desire to balance the budget of Ukraine. Such a legislative approach creates the conditions for the existence of corruption risks, in particular, it allows for the possibility of committing a corruption offense when officials of the Zakarpattia Regional State Administration make decisions about the forced alienation of a plot of land or other immovable property," it is noted in the remarks of the Main Legal Department of the Rada.
As the Ukrainian News agency earlier reported, in May 2022 the Verkhovna Rada simplified the lease of state-owned land plots for the accommodation of enterprises relocated from the war zone.
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