Bill No. 13251, dated May 2, 2025, “On Amendments to Certain Laws of Ukraine Regarding the Exercise of the Right of First Refusal to Purchase a Land Plot by a Lessee, whose last known location is a temporarily occupied territory.”

According to the explanatory note, the purpose of the bill is to protect the landowner’s right to sell their land by eliminating legislative inconsistencies and gaps, while respecting the lessee’s right of first refusal to purchase the land plot in the event of its sale.

The need to adopt this bill stems from current challenges arising from the temporary occupation of part of Ukraine’s territory. Tenants of land plots located in the temporarily occupied territory face restrictions on exercising their preemptive right to purchase such land plots. The lack of clear legal mechanisms complicates the protection of their property rights and, as a result, leads to violations of the principles of fairness and equality in land relations. The adoption of this bill will eliminate these gaps and ensure adequate legal protection for both landowners and their tenants.

The draft law proposes to establish that if the tenant’s last known place of residence (stay) or location is a temporarily occupied territory of Ukraine, then:

• notification of the tenant shall be made via mobile communication means that provide a record of the notification or call (phone call or text message);

• if the tenant’s phone number is unknown, notification shall be provided by sending an email to a known email address;

• the lessee is deemed to have been duly notified on the day the phone call is made with the relevant information or on the day following the sending of the text message or email.

It is proposed that the corresponding amendments be made to the Land Code of Ukraine and the Law of Ukraine “On Land Lease.” 

Thus, the adoption of the bill will contribute to:

• protecting the rights of both landowners and land tenants;

• stabilizing the civil circulation of land plots;

• improving the effectiveness of the mechanism for exercising tenants’ preemptive rights;

• harmonizing regulatory acts and improving the effectiveness of legal regulation of land relations;

• ensuring equality and fairness in relations between tenants and landowners.

Draft Law of Ukraine No. 13251 dated May 2, 2025, is an extremely timely legislative initiative aimed at eliminating gaps and legal uncertainty that have arisen under the conditions of the temporary occupation of part of Ukraine’s territory. The draft law aims not merely to formally improve the procedures for exercising a tenant’s preemptive right to purchase a land plot, but, above all, to ensure the effective protection of property rights for both landowners and tenants.

The proposed changes demonstrate a comprehensive approach by the legislature: on the one hand, they take into account modern communication realities by expanding the means of notifying tenants (mobile communications, email); on the other hand, they establish clear legal mechanisms that guarantee the proper notification of the parties to a transaction even in cases of physical inaccessibility.

Thus, the bill creates effective tools for overcoming the legal challenges caused by military aggression and occupation, without violating the fundamental principles of justice, equality, and the rule of law.

From the perspective of legal and social consequences, the adoption of this bill will enhance legal certainty in the sphere of land relations, reduce the risks of abuse, ensure the stability of the civil circulation of agricultural land, and increase the confidence of land market participants. Furthermore, it will prevent the violation of the rights of those entities that, despite force majeure circumstances, retain an interest in their land assets.

Thus, Draft Law No. 13251 is an important step toward improving land legislation in Ukraine and helps establish an appropriate balance between the interests of landowners and their tenants under extraordinary circumstances. Its adoption is necessary to ensure the effective functioning of the land market, protect property rights, and uphold the principles of social justice.

If adopted, the law will take effect 10 days after its publication.