Ownership right by Ukrainian Law

“The ownership right is inviolable. No one can be illegally deprived of this right or restricted in its implementation” – Art. 41 of the Constitution of Ukraine, Art. 321 of Civil Code of Ukraine.

“The content of the ownership right shall not be affected by the owner’s place of residence and the location of the property” - Art. 317 of Civil Code of Ukraine.

“The owner shall have the right to own, use and dispose of his property” - Art. 317 of Civil Code of Ukraine.

Ownership Right shall be the right of an individual in a thing (property) that he/she enjoys in compliance with the effective legislation on his/her own will irrespective of the will of the third persons.

The owner shall be entitled to perform any actions to his/her property if these actions do not contradict the legislation.

In enjoying the rights and performing the obligations the owner shall be obliged to meet the moral principles of the society.

All owners shall be given equal conditions for implementing their rights. Ownership shall make the owner be obliged.

The owner may not enjoy the ownership right in violation of the rights, freedoms and dignity of the citizens, interests of the society, deterioration of ecological situation and natural qualities of the land.

The state shall not intervene with the owner’s implementation of his/her ownership rights.

Actions of the owner towards his/her ownership may be restricted or terminated or the owner may be obliged to let other persons use his/her property only in cases and per the procedure provided in the law.

Specifics of exercising of the ownership right in national, cultural and historical valuables shall be established by the law.

The owner shall have the right to use his/her property for businesses except for the cases provided by the law.

The law may establish conditions for the property use by its owner for entrepreneurial activities.

Physical and legal persons shall be the subjects of private property.

Physical and legal persons may be the owners of any property except for specific types of property that cannot be in their possession pursuant to the law.

Composition, quantity and value of property that can be owned by physical and legal persons shall have no limitations.

The law may establish a limited size of the land parcel that can be owned by physical or legal persons.

Property owned by two or more persons (co-owners) belong to them by right of joint ownership (joint property).

The state shall provide equal protection of rights for all subjects of the property right.

An owner that has grounds to foresee a possibility of violation of his/her property right by another person may apply to court with the request to prohibit performing the actions that may violate his/her right or to undertake specific actions to prevent this violation.

An owner whose rights are violated shall have the right for compensation of his material and moral losses.


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