Access to justice in the context of the Law of Ukraine «On amendments to the Civil Code of Ukraine to strengthen the protection of the rights of bona fide acquirers»

The article analyzes the Law of Ukraine as of March 12, 2025, No. 4292-IX «On Amendments to the Civil Code of Ukraine Regarding the Strengthening of Protection of Bona Fide Acquirers’ Rights.» The research is conducted through the lens of the concept of access to justice, which is one of the fundamental principles guaranteed by Article 41 of the Constitution of Ukraine and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author identifies and analyzes a number of key problematic aspects that arose with the adoption of this Law. The author conducts a systematic analysis of the Law’s main provisions, examining them through the prism of ensuring effective judicial protection of both public and private interests. Particular attention is paid to the obligation to deposit the value of the claimed property into the court’s deposit account, which is identified as a major procedural obstacle for state and local government bodies. The article discusses the inconsistency between the Civil Code of Ukraine and the Civil Procedural Code of Ukraine, leading to contradictory judicial practice. The issue of harmonizing substantive and procedural legislation is raised, as procedural aspects are regulated through substantive law norms, resulting in ambiguous judicial practice. A significant problem highlighted by the author is the unregulated issue of compensation for property value when decisions are reviewed by appellate and cassation courts, as well as the problem of reclaiming property from temporarily occupied territories both currently and in the future. The article concludes that despite the positive direction of the analyzed law, its application creates significant obstacles for state and local government bodies’ access to justice. Based on the conducted analysis, the author proposes concrete ways to improve legislative regulation, including the harmonization of the Civil Code of Ukraine and the Civil Procedural Code of Ukraine, the regulation of terms for appealing to court depending on the type of immovable property, and the integration of deposit mechanisms into the system of securing claims.