Abuse of procedural rights when filing two identical claims
In connection with the martial law introduced in Ukraine, many areas of legal regulation underwent significant changes and restrictions. The authority of military administrations in the field of land relations, in particular, land lease, was no exception. The article examines problematic issues related to the limitation of the powers of military administrations, in particular, to the provision of land plots for lease for a period of more than one year in the case when the lease agreement was concluded before the introduction of the legal regime of martial law in Ukraine. Attention was paid to the initial provision of land plots by military administrations for use, which is accompanied by a certain procedure. During the research, it was established that there have been significant changes in the field of legislation regulating land leases, a number of relevant regulatory provisions governing the issue of land leases, including by military administrations, have been transformed. It is emphasized that the powers of military administrations do not extend to legal relations regarding the conclusion of land lease agreements for a new term within the framework of already existing contractual relations, including those that arose before the introduction of martial law. The conducted scientific research established the constitutional and legislative principles and peculiarities of granting powers to military administrations in the field of land lease under martial law conditions, the grounds for the presence/absence of powers of military administrations of settlements to resolve issues of land relations regulation in terms of providing land plots for lease for a period of more than one year. It is emphasized that during the period of martial law and 30 days after its termination or cancellation, the head of the military administration, in addition to the powers assigned to his competence by the Law of Ukraine «On the Legal Regime of Martial Law», subject to the adoption by the Verkhovna Rada of Ukraine at the proposal of the President of Ukraine of a decision on the formation of military administrations, exercises the powers of the village, settlement, city council, its executive committee, the village, settlement, city mayor, including in the field of land relations.
Authors
- K. O. Krut (ORCID: https://orcid.org/0000-0002-3027-4198)
Publication Details
- Journal
- Legal Ukraine
- Published
- 2025-05-06
- DOI
- https://doi.org/10.37749/2308-9639-2025-4(268)-4
- Primary Topic
- Conflict of Laws and Jurisdiction
- Type
- article
- Field-Weighted Citation Impact
- 0.00