Bill No. 15054, “On Amendments to Article 17-2 of the Land Code of Ukraine,” has been registered with the Verkhovna Rada of Ukraine; it aims to align the provisions of the Land Code of Ukraine with the provisions of the Law of Ukraine “On Administrative Procedure.”

In particular, members of parliament propose to revise Part 3 of Article 17-2 of the Land Code of Ukraine to stipulate that decisions of state authorities, the Supreme Council of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea, and local self-government bodies in the sphere of land relations, as well as their officials, on the basis of which real rights to land plots arise, may be declared invalid, unlawful exclusively by a court decision, except in cases where the annulment of unlawful decisions through extrajudicial proceedings is provided for by legislative acts in the field of land relations, as well as by the Law of Ukraine “On Administrative Procedure.”

At the same time, in order to eliminate contradictions and duplication of provisions, the draft law proposes to delete the second part of Article 17-2 of the Land Code of Ukraine.

The need to bring Article 17-2 of the Land Code of Ukraine into line with the Law of Ukraine “On Administrative Procedure” stems from the recommendations of experts from the project “Continued Support for Comprehensive Public Administration Reform in Ukraine” regarding the analysis of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Protection of the Interests of Owners of Land Shares (Pai), as well as the Application of Administrative Procedure in the Sphere of Land Relations.”

In addition, the authors of the draft law note that the need to amend the Land Code of Ukraine is also identified in the Roadmap on Public Administration Reform, approved by Order of the Cabinet of Ministers of Ukraine No. 475 dated May 14, 2025 “Certain Issues Regarding the Negotiation Process for Ukraine’s Accession to the European Union under Cluster 1: ‘Fundamentals of the EU Accession Process.’”

The Law of Ukraine “On Administrative Procedure” governs the relations between executive authorities, the authorities of the Autonomous Republic of Crimea, local self-government bodies, their officials, and other entities authorized by law to perform public administration functions, with individuals and legal entities regarding the consideration and resolution of administrative cases with the aim of upholding the law and ensuring the state’s obligation to safeguard and protect the rights, freedoms, and legitimate interests of individuals and citizens.

The integration of the provisions of the Law of Ukraine “On Administrative Procedure” into land legislation creates a new set of procedural tools for individuals in the field of land relations, since the provisions of that Law establish the priority of appealing a decision or a legally significant act of an individual nature, adopted (committed) by an administrative body to resolve a specific case and aimed at acquiring, changing, termination, or exercise of the rights and/or obligations of an individual (or individuals) through administrative proceedings, since administrative appeals are faster in terms of procedure and outcome, as well as less costly for the complainant and the state.

In addition, the Law of Ukraine “On Administrative Procedure” provides for the possibility for an administrative body to correct its errors, if they are identified in an administrative act, including upon the request of an interested party. In contrast, judicial protection is guaranteed by the Constitution of Ukraine and the laws of Ukraine and constitutes the final means of legal protection of rights and interests.

Thus, as evident from the explanatory note, the purpose of the amendments proposed by the People’s Deputies is to harmonize land legislation with administrative procedure; to ensure more effective protection of the rights of individuals and legal entities; to reduce the burden on the judicial system; and to bring Ukrainian legislation into line with European standards.

The proposed amendments are, on the whole, conceptually sound and consistent with current trends in the development of public administration, as they pave the way for a faster, less costly, and more accessible mechanism for protecting the rights and legally protected interests of individuals in the sphere of land relations.

At the same time, such an out-of-court procedure in no way restricts or deprives an individual of the right to judicial protection guaranteed by the Constitution of Ukraine. Notwithstanding the possibility of challenging a decision or a significant action of an individual nature adopted (taken) by an authority through administrative proceedings, an individual is not deprived of the right, in the event of disagreement with such a decision and/or action, to file a corresponding lawsuit in court to protect their rights and legally protected interests in accordance with the procedures and timeframes established by current procedural law.

In summary, the proposed amendments to the Land Code of Ukraine represent a necessary step in public administration reform. They transform outdated approaches to resolving disputes in the field of land relations. For the legal community, this means the need to master new methods of pre-trial dispute resolution, which will ensure the maximum effectiveness of legal assistance provided to individuals and legal entities in the field of land relations.