The Law of Ukraine
Date of Entry into Force:
April 15, 1991
April 15, 1991
This Law is aimed at ensuring free economic self-determination of citizens, use of natural, economic, scientific-technical and cultural potentials of the republic in order to increase living standards of its people.
The Law states that the ownership right in Ukraine is protected by law. Each citizen in Ukraine has the right to own, use and dispose of property personally or jointly with others. The owner has the right to perform with his property any actions which do not contradict the legislation of Ukraine. The ownership right is protected by court or court of arbitration.
There are the following types of ownership in Ukraine: private, collective and state. All types of ownership are equal.
Subjects of ownership right in Ukraine are: Ukrainian people, citizens, legal entities and state. Land, its bowels, air space, water and other natural resources of its continental shelf and exclusive (sea) economic zone are objects of right to exclusive ownership of Ukrainian people.
Subjects of the right of private ownership are citizens of Ukraine, citizens of other Soviet republics, foreign citizens and stateless persons. The citizens of Ukraine have right to own land plots, apartments and other property.
Subjects of the right of collective ownership are labor collectives of state enterprises, economic communities, trade unions, political parties and other public associations, religious and other organizations which are legal entities. Collective owner independently owns, uses and disposes of property which belongs to it. The right of collective ownership is conducted by higher bodies of management of owner (general meetings, conferences, congresses etc.). Subjects of right to collective ownership for land are collective agricultural enterprises, agricultural joint-stock companies including created on the basis of state agricultural enterprise and other state agricultural enterprises. The right to collective ownership arises on the basis of voluntary joining of property of citizens and legal entities, redemption by labor collectives of state property; reorganization of state enterprises into joint-stock and other partnerships; free of charge transfer of property of state enterprise to ownership of labor collective, state subsidies; donations of organizations and citizens, other civil agreements.
To state property in Ukraine refer national (republican) property and property of administrative territorial units (communal property). Subject of right to state (republican) ownership is state represented by the Verkhovna Rada of Ukraine. Subjects of right to communal ownership are administrative territorial units represented by oblast, district, city, settlement, village councils of people's deputies. On behalf of people state property shall be managed by the Verkhovna Rada of Ukraine, local councils of people's deputies of Ukraine as well as authorized by them state bodies.
Subjects of right of state ownership to land are:
the Verkhovna Rada of Ukraine - for lands of state property of Ukraine;
the Supreme Council of Republic Crimea - for lands within the limits of the territory of republic, except for lands of state property;
oblast, district, city, settlement, village councils of people's deputies - for lands within the limits of their territories, except lands of state property.
Subjects of right to intellectual ownership are citizens, legal entities and state. Objects of right to intellectual ownership are works of science, literature and art, discoveries, inventions, useful models, industrial models, innovations and other.
International organizations and legal entities of other states shall have the right to own buildings, constructions, other social cultural and industrial property on the territory of Ukraine.
Confiscation of property from the owner is permitted during imposition of penalty on his/her property (on decision of court) according to civil legal agreements and decision of bodies of power. During confiscation of property on decision of bodies of power, the owner shall be paid value of this property in procedure and amount set by legislative acts of Ukraine.