Land Governance Assessment Framework in Ukraine Background Report for Thematic Area 5: Dispute Resolution and Conflict Management

The report was prepared by Oleksandr Polivodsky, Senior Lawyer to Chemonics International Inc., for review by the United States Agency for International Development. The report focuses on the mechanisms for resolving land disputes in Ukraine, which are available to the public. According to the report, in most communities, access to institutions that provide first-instance conflict resolution is available at the local level. However, in some communities, access to these institutions is limited, and non-official institutions may perform this function. The report highlights the importance of clear jurisdictional boundaries between civil, commercial, and administrative courts in resolving land disputes. The report notes that the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, and the Administrative Procedure Code of Ukraine regulate the procedures for resolving land disputes in each of these jurisdictions. In the civil jurisdiction, land disputes are resolved in accordance with the Civil Code of Ukraine, which provides for the protection of property rights and interests. The report notes that the civil courts have jurisdiction over disputes related to the ownership, use, and management of land, as well as disputes related to the boundaries of territories. In the commercial jurisdiction, land disputes are resolved in accordance with the Commercial Code of Ukraine, which provides for the protection of commercial rights and interests. The report notes that the commercial courts have jurisdiction over disputes related to the ownership, use, and management of land, as well as disputes related to the boundaries of territories. In the administrative jurisdiction, land disputes are resolved in accordance with the Administrative Code of Ukraine, which provides for the protection of administrative rights and interests. The report notes that the administrative courts have jurisdiction over disputes related to the exercise of administrative powers and the protection of administrative rights and interests. The report concludes that the jurisdictional boundaries between civil, commercial, and administrative courts in Ukraine are not always clear, and this can lead to confusion and disputes over jurisdiction. The report recommends that the Ukrainian government clarify the jurisdictional boundaries between these courts to ensure that land disputes are resolved in a timely and efficient manner. The report also notes that the Ukrainian government has established a system of appeal courts, which have jurisdiction over appeals from the lower courts. The report notes that the appeal courts have the power to review the decisions of the lower courts and to make new decisions in accordance with the law. The report concludes by noting that the Ukrainian government has made significant progress in establishing a system of land dispute resolution, but that there is still much work to be done to ensure that the system is effective and efficient. The report recommends that the Ukrainian government continue to work to improve the system of land dispute resolution and to ensure that it is accessible to all citizens. The report also highlights the importance of the Land Code of Ukraine, which provides for the protection of land rights and interests. The report notes that the Land Code of Ukraine establishes the principles for the use and management of land, and provides for the protection of land rights and interests. The report concludes by noting that the Ukrainian government has a responsibility to ensure that the system of land dispute resolution is fair, efficient, and accessible to all citizens. The report recommends that the Ukrainian government continue to work to improve the system of land dispute resolution and to ensure that it is effective and efficient. The report also notes that the Ukrainian government has established a system of land registration, which provides for the registration of land rights and interests. The report notes that the system of land registration is an important tool for ensuring that land rights and interests are protected, and that it provides a clear and transparent record of land ownership and use.