Protection of long-term land ownership: some problematic aspects

The ability of Ukrainian current legislation and law enforcement practice to provide effective protection the interests titleless bona fide landowners was critically assessed. It is noted that problems long-term owners’ should be solved in scope a more general problem, namely ownership as such. Emphasis placed on need for autonomous formulation Civil Code Ukraine provisions possession property based law. This due fact these civil institutions have very different legal nature. description national highlighted, which will take into account specifics regulation relations actual increase effectiveness owners. position highest courts extension regime real subjective rights has been challenged. Attention paid scientific substantiation legislative expansion methods land ownership. allows possibility protecting only by filing lawsuit restore their de facto control over such property. Ways protect against non-loss are not legally available landowners. emphasized satisfying claims owner must linked condition good faith conduct plaintiff. considered both at time establishment relation subsequent circumstances In particular, may know he or she does title even who owns property, but if hide taking someone else's willing return its owner, it fide.