Svitlana Teteria, Counsel at EVERLEGAL, moderated the IV Conference on Agricultural Law
Svitlana Teteria, Counsel at EVERLEGAL, moderated the IV Conference on Agricultural Law
Last week, the IV Agrarian Law Conference, organised by the Ukrainian Bar Association, took place. This event traditionally brings together lawyers, judges and business representatives to discuss key issues relevant to the agricultural sector. The EVERLEGAL agribusiness and land law practice team also participated in the conference.
EVERLEGAL Counsel Svitlana Teteria moderated a judicial panel held in the format of an interview with Vitalii Urkevych, judge of the Grand Chamber of the Supreme Court. The discussion focused on the current approaches of the Supreme Court to resolving land disputes and the impact of the European Court of Human Rights (ECHR) case law.
Key legal positions of the Grand Chamber of the Supreme Court and the ECHR discussed during the session included:
- Defence land: land plots located within the border strip qualify as defence land and may remain exclusively in state ownership.
- Overlapping land plots: the Grand Chamber continues to support the approach that overlapping must be clearly identified, in particular on the basis of land surveying expertise, and only the overlapping part of the land plot is subject to restitution.
- Rent payments: supplementary agreements amending the amount of rent (after 1 January 2013) become effective from the moment of execution and do not require state registration of amendments to lease rights in the real estate register, provided that they do not otherwise change terms subject to registration.
- ECHR perspective: the Court emphasises that the proportionality of interference with land ownership rights depends on whether legislation provides a mechanism for compensation to the person whose rights have been affected.
“We shouldn’t wait for ready-made legal conclusions – we should initiate them. A proactive position of the lawyer and a well-developed legal argument are essential for a case to be referred to the Grand Chamber. Changes in case law begin with the lawyer’s determination and persistence.” - Svitlana Teteria, Counsel at EVERLEGAL
We thank the Ukrainian Bar Association for the excellent organisation of the event and for the traditionally warm welcome in Vinnytsia.
More about Svitlana Teteria at the link.
For inquiries or legal assistance, please complete the short contact form on our website.
