Supreme Court: Lands of border strip used for Border Guard Service needs should be state-owned
The Grand Chamber of the Supreme Court has concluded that land plots within the border strip 30–50 meters wide along the state border of Ukraine, which are used to ensure the activities of the State Border Guard Service of Ukraine, in particular for the construction and maintenance of engineering and technical facilities, belong to defense lands and can only be in state ownership.
As noted in the decision published on the website on Monday, such lands have a special legal regime aimed at ensuring national security, protecting the state border and the activities of the State Border Guard Service. They are not subject to transfer to municipal or private ownership.
The corresponding conclusion was made in the case on the basis of a lawsuit filed by a prosecutor who challenged the transfer of part of such plots to the village council. The courts of previous instances refused to satisfy the lawsuit due to the fact that the location of the disputed land plot within the border strip does not confirm its belonging to the defense lands and does not affect its intended purpose.
"When considering the dispute, the Grand Chamber of the Supreme Court drew attention to the fact that the legislator defined both the legal regime of land plots within the border strip, and a special legal regime of land plots within the border strip 30–50 meters wide along the state border line for the construction, arrangement and maintenance of engineering and technical and fortification structures, fences, border signs, border clearings, communications, etc.," the report reads.
As noted, in this case, the prosecutor must prove exactly what area of land plots, within which boundaries, overlaps the 50-meter strip along the border. It is impossible to protect the right without finding out complete information about the disputed land plots and their identification.