Land Ownership in Ukraine: Reform Issues

  • Ivan O. KOSTYASHKIN Department of Labor, Land and Commercial Law, Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine
  • Nadiia I. CHUDYK-BILOUSOVA Department of Labor, Land and Commercial Law, Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine
  • Liudmyla S. TARANENKO Department of Labor, Land and Commercial Law, Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine
  • Alla V. ANDRUSHKO Department of Labor, Land and Commercial Law Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine
  • Natalia M. LOGINOVA Department of Criminal Law and Process National Academy of State Border Guard Service named after Bogdan Khmelnitsky, Khmelnytskyi, Ukraine


At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.


[1] Babchenko, O.H. 2017. The peculiarities of the legal regulation of land market in the European Union. Scientific Bulletin of the International Humanities University. Series: Law 25: 34-38.
[2] Case of Zelenchuk and Tsytsyura V. Ukraine (Applications nos. 846/16 and 1075/16). 2018. The European Court of Human Rights (Fourth Section) FINAL 22/08/2018.
[3] Chychaeva, Yu.A. 2013. Main directions of land property reform in England 1922-1925. Bulletin of Moscow University. Series 11. Law 3: 87-89.
[4] Deininger, K., Nizalov, D., and Singh, S.K. 2017. Determinants of productivity and structural change in a large commercial farm environment: Evidence from Ukraine. The World Bank Economic Review (February): 1–25.
[5] Dieterich, H., Dransfeld, E., and Winrich, V. 2019. The land-market process. In: Urban Land & Property Markets in Germany. Routledge.
[6] Draft law ‘On Amendments to Some Legislative Acts of Ukraine on the Circulation of Agricultural Lands’. 2019.
[7] Gemeda, B.S., Girma Abebe, B., and Eckardt, F. 2019. Urban land speculation; failure of land market. Journal Survey Review 68. DOI: 10.1080/00396265.2019.1661165.
[8] Goytia, C. 2019. Informal land markets. In: The Wiley Blackwell Encyclopaedia of Urban and Regional Studies. John Wiley & Sons.
[9] Hartvigsen, M. 2015. Land Reform and Land Consolidation in Central and Eastern Europe after 1989: Experiences and perspectives. Aalborg Universitet.
[10] Kostyashkin, I.O. 2016. Legal Coverage of the Social Function of Land Ownership in Ukraine: a Monography. Khmelnytskyi: Khmelnytskyiuniversytetupravlinnia ta prava.
[11] Kuns, B., Visser, O., and Wästfelt, A. 2016. The stock market and the steppe: The challenges faced by stock-market finance, Nordic farming ventures in Russia and Ukraine. Journal of Rural Studies 45: 199-217.
[12] Kvartiuk, V., and Herzfeld, Th. 2019. Welfare effects of land market liberalization scenarios in Ukraine: Evidence-based economic perspective, Discussion Paper, No. 186.
[13] Land code of Ukraine. 2002.
[14] Law of Ukraine ‘On Farming’. 2003.
[15] Lerman, Z. 2017. Privatisation and changing farm structure in the commonwealth of independent states. In The Eurasian Wheat Belt and Food Security, 15-33. Springer International Publishing.
[16] Lykhova, S., Semchuk, N., and Rybikova, H. 2019. Psychological well-being of prisoners as a factor in penitentiary reform. International Journal of Applied Exercise Physiology 8(3.1): 341-351.
[17] Mjøs, L.B. 2019. Cadastral development in Norway: the need for improvement. Journal Survey Review 68 (09 Sep 2019). DOI: 10.1080/00396265.2019.1637094.
[18] Nosik, V.V. 2006. Land Ownership of the Ukrainian People. Yurinkom Inter.
[19] Pugachov, V., and Pugachov, N. 2017. Agrarian reform in Ukraine. In The Eurasian Wheat Belt and Food Security, 67-81. Springer International Publishing.
[20] Shakhrai, Y.S. 2016. System of citizens ‘rights for land: features and prospects of development. In Constitutional Rights and Freedoms: Problems of Integration and Implementation in National Legal Systems: a Collection of Articles at an International Scientific-Practical Conference, 316-324. Novopolotsk: PHU.
[21] Van der Ploeg, J.D., Franco, J.C., and Borras, S.M. 2015. Land concentration and land grabbing in Europe: A preliminary analysis. Canadian Journal of Development Studies 36(2): 147-162.
[22] Zinchuk, T.O. 2016. European experience in agricultural land market formation. Economics of the Ahropro-Myslovo Complex 12: 84-91.
How to Cite
KOSTYASHKIN, Ivan O. et al. Land Ownership in Ukraine: Reform Issues. Journal of Advanced Research in Law and Economics, [S.l.], v. 11, n. 4, p. 1175-1183, june 2020. ISSN 2068-696X. Available at: <>. Date accessed: 13 july 2024. doi: