Ukraine’s draft Civil Code reform has triggered significant debate within the agricultural and legal communities due to the introduction of the concept of “possession.” The provision refers to situations in which a person фактично controls or uses land without formally registered ownership or lease rights. Under the current draft, continuous use of land for ten years could allow such a person to apply for ownership rights.
Lawyers and agricultural market representatives warn that the proposed rule could create additional risks for landowners. This is particularly sensitive for the agricultural sector, where informal agreements between landowners and farmers are common, and land plot boundaries within large farming areas are not always clearly defined. Experts note that even temporary informal use of land by neighbors or acquaintances could potentially lead to future ownership disputes.
Critics of the draft law argue that the concept of possession may contradict the fundamental principle of inviolability of private property and create opportunities for illegal land appropriation. Several legal experts and public organizations have already raised concerns about the possible legalization of unlawfully acquired land assets. Similar warnings regarding corruption risks and incompatibility with European legal standards have also been voiced by EU representatives.
Supporters of the reform, however, point out that similar legal mechanisms exist in many countries through the institution of acquisitive prescription. Nevertheless, public debate around the new Civil Code continues to intensify, while the agricultural sector expects substantial revisions before the second parliamentary reading. Analysts believe the final version of the code could significantly influence Ukraine’s land market, investment climate, and property rights protection system.