Whose land: lawyers figured out what to do with the «inheritance» of the CAE
The activities of enterprises using CAE land are currently fraught with risks due to imperfect legislation and its interpretation. The UNBA discussed whether the right to land should be retained by the successors of the CAEs or whether these lands should be transferred to communal ownership.
A roundtable discussion on the topic «Land of Collective Agricultural Enterprises» was held on 12 September at the initiative of the UNBA Committee on Agricultural, Land and Environmental Law.
The speakers at the event were Viktor Kobylianskyi, Chair of the Committee, Dmytro Navrotskyi, Deputy Chairman, Jan Biloholovyi, Committee members, Vladyslav Kononov, scientist, and Vitalii Urkevych, Supreme Court judge.
V. Kobylianskyi drew attention to the fact that the vast majority of CAEs (about 12,000) from the moment the Land Code came into force (01 January 2002) and until the entry into force of Law No. 2498-VIII «On Amendments to Certain Legislative Acts of Ukraine on Resolving the Issue of Collective Land Ownership, Improving the Rules of Land Use in Agricultural Land Massifs, Preventing Raiding and Stimulating Irrigation in Ukraine» (01 January 2019) were not liquidated but reorganised. This was a change of legal form (transformation), which did not result in the termination of the legal entity. Accordingly, such legal entities (business entities, cooperatives, private enterprises) retained all rights to land.
He noted that Ukrainian legislation explicitly provided for the possibility of reforming CAEs into any business entity based on private property, including private enterprises and farms. Therefore, the discrepancy between the number of members of a legal entity and the number of members of the CAE is not a ground for denying the succession of such a legal entity to the CAE.
The successors of the CAEs did not renounce their ownership of the land, and no agreements on the transfer of ownership were concluded or notarised. Accordingly, there are no grounds to believe that the unallocated land has become communal property.
At the same time, the provisions of paragraph 21 of the Transitional Provisions of the Land Code of Ukraine do not apply to the vast majority of the successors to the CAE, since there was no termination of the CAE, and the ownership of the relevant land arose before this paragraph came into force.
Y. Biloholovyi spoke about the practice of the Supreme Court regarding the status of collective land during its transformation. He proposed to hold a joint event with the Supreme Court judges to study collective ownership issues in more depth.
Dmytro Navrotskyi focused on the issues of the right of permanent use of land, which was held by the CAE and passed to its successors. The lawyer revealed the historical aspects of the reform of the collective farms, the preservation of the right of permanent use of land by the successors and identified the signs of succession. He also analysed the existing case law and focused on the position of the Supreme Court's Grand Chamber, which is most often used by courts when considering this category of cases. In conclusion, the speaker noted the need to clarify all the signs of succession in each particular case, taking into account the legislation in force at the time and the evidence provided in the case.
The documents defining the scope of legal succession are not important in reorganisation by way of transformation of a CAE, Kononov believes. After all, this type of reorganisation transfers all property rights and obligations of the SPE. This primarily concerns the transfer (distribution) balance sheets, which are often required by the courts to confirm the succession. At the same time, at the time of the adoption and implementation of the agrarian reform (Presidential Decree No. 1529/99 of 03.12.99 «On urgent measures to accelerate the reform of the agrarian sector of the economy»), the form of the balance sheet as an accounting document did not provide for the possibility of accounting for collectively owned land plots, and there was no valuation of such land plots. The above calls into question the conclusions of the courts regarding the mandatory availability of such documents in the case of the CAEs during their transformation, the scientist believes.
The speaker also added that there were no restrictions on registration actions during the transformation of a CAE or any other enterprise either at the time of the CAE reorganisation or later, including today. In other words, registration actions related to the change of the organisational and legal form, or capital, or address, do not prohibit other registration actions, including the change of participants.
The issue of preservation and registration of rights to land by the legal successors of the CAEs was also addressed by the Constitutional Court. Thus, according to the decision No. 5-rp/2005 of 22.09.2005, the provisions of paragraph 6 of Section X «Transitional Provisions» of the Land Code of Ukraine and paragraph 6 of the Verkhovna Rada Resolution «On Land Reform» regarding the loss by citizens, enterprises, institutions and organisations of the previously granted right to use land after the expiry of the term of registration of ownership or the right to use land, are declared unconstitutional and cease to be effective from the date of the Constitutional Court's decision.
Similar in terms of the principle of property rights protection is the decision of the Constitutional Court No. 7-р(II)/2021 of 20 October 2021 in the case of the constitutional complaint of the private joint-stock company Chernihivoblbud regarding the compliance of subparagraph b of paragraph 1 of part three of Article 14 of the Law «On Ensuring the Housing Rights of Residents of Dormitories» with the Constitution of Ukraine (constitutionality).
Popular news
Legal defence of military personnel
Guarantees in the event of detention and procedures for military personnel: recommendations from the UNBA Committee
Most often, military personnel turn to advocates regarding frozen bank accounts and delays in discharge. Step-by-step procedures have been prepared for such situations. A guide on one-time financial assistance has been provided for the families of those killed in action. And the new regulations governing the stay of mobilized individuals at TCCs require changes regarding guarantees of communication with an advocate.
Rule of Law Roadmap
Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected
The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.
Abroad
The first country to ratify the Convention on the Protection of the Professions of Lawyer
Bosnia and Herzegovina became the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer (CETS No. 226). The country signed the Convention on March 17, 2026, so it took just over seven months to ratify it.
Discussion
Seizure does not mean return: how to get an exchange to return stolen crypto assets
In cases involving cryptocurrency theft, the assets move faster than the criminal proceedings, so it is best to first freeze and seize them, and only then identify the perpetrator. However, even a seizure will not recover the funds unless the court order specifies exactly what the exchange or issuer must do.
Support
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens
Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.
Educational events
What to do when you need immediate protection in the LCIA
A dispute with a counterparty has been referred to the London Court of International Arbitration (LCIA), but it will take several weeks to appoint the arbitrators, and the client needs legal representation immediately? This can be achieved through an emergency arbitrator or expedited tribunal formation.
Educational events
An advocate's meeting with a client outside the office: how to conduct it without giving away too much
If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection