Challenging Illegal Decisions of Local Self-Government Authorities Regarding Land Plots

Decisions of local self-government authorities regarding land plots often become the subject of disputes, especially when such decisions are adopted in violation of legislation or infringe upon the rights of landowners and land users. Illegal decisions may involve unlawful alienation of land, changes in designated land use, transfer of land to third parties, or cancellation of ownership rights.

In this article, we will examine which decisions may be challenged, the procedure for cancellation of such decisions, and court practice in these cases.

1. Which Decisions May Be Challenged?

The following decisions may be challenged:

• Decisions adopted beyond the authority of the local body, for example transfer of land without approval from competent authorities.
• Decisions that contradict land legislation requirements.
• Decisions violating the rights and interests of landowners or land users.
• Decisions adopted without proper notification of interested parties.
• Decisions containing signs of corruption or raider seizure schemes.

Examples of Illegal Decisions of Local Self-Government Authorities

• Transfer of a land plot into ownership or lease without the owner’s consent.
• Unlawful withdrawal or change of designated land use.
• Refusal to grant land rights without justification or in violation of legal procedures.
• Illegal cancellation of previously issued state acts or decisions granting land rights.

2. How to Challenge an Illegal Decision?

A challenge may be carried out through pre-trial procedures or through court proceedings.

Pre-Trial Challenge

• Filing a complaint with a higher authority or directly with the local council.
• Applying to the State Service of Ukraine for Geodesy, Cartography and Cadastre.
• Filing a complaint with the prosecutor’s office in cases involving violations of law or corruption.

Judicial Challenge

If pre-trial methods fail, it is necessary to apply to court.

Which Court Has Jurisdiction?

Challenges against illegal decisions of local self-government authorities are considered by administrative courts in accordance with the Code of Administrative Procedure of Ukraine.

Time Limits for Appeal

The general limitation period is 6 months from the date the decision was adopted or from the date when the person became aware of the violation of their rights.

Required Documents for Court Proceedings

• A copy of the decision of the local self-government authority.
• Documents confirming rights to the land plot, such as a state act or lease agreement.
• Evidence of rights violations, including official requests, responses from authorities, and expert opinions.
• A statement of claim substantiating the illegality of the decision.

3. Court Practice: What Do Courts Consider?

Key Arguments in Court

• Lack of proper authority of the local council.
• Violations of land legislation during adoption of the decision.
• Failure to consider the rights and interests of the landowner.
• Absence of legal grounds for adopting the decision.

Example from Court Practice

In the Supreme Court decision in case No. 826/4717/18, the court declared unlawful a city council decision transferring a land plot into lease to a third party without the owner’s consent.

Supreme Court Decision in Case No. 910/13736/19

The court confirmed that a local self-government authority has no right to cancel previously adopted decisions regarding ownership rights without an appropriate court decision.

4. Consequences of Cancelling an Illegal Decision

• Restoration of the rights of the landowner or land user.
• Recognition as invalid of lease agreements or sale and purchase agreements concluded on the basis of the illegal decision.
• Possibility of recovering damages.
• Bringing officials to administrative or criminal liability.

If a local self-government authority has adopted an illegal decision regarding your land plot, such decision may be challenged through administrative procedures or in court. Successful appeal requires documents confirming your rights to the land plot and qualified legal support.

If you need legal consultation or court representation, the Ukrainian Bar and Real Estate Association will help protect your rights.