Еволюція правового регулювання виникнення права власності на нерухоме майно в Україні: сучасні виклики та перспективи

The article is devoted to the evolution of legal regulation concerning the acquisition of ownership rights to immovable property in Ukraine, taking into account current challenges and future prospects for development. The historical stages of the formation of property rights over immovable assets are analyzed, from feudal law to the contemporary digital transformation of the registration system. Particular emphasis is placed on the fact that only with the establishment of an independent Ukrainian state did civil legislation begin to reintroduce the legal distinction between movable and immovable property. Special attention is given to the impact of martial law on the effectiveness of registries, particularly in the context of archive destruction, cybersecurity threats, and loss of documentation. The article highlights that the new model introduced in Ukraine on 1 January 2013 empowered notaries to act as state registrars of real property rights. The study focuses on the transformation of the registration mechanism, including the implementation of electronic services, the use of blockchain technologies, and the prospective legal recognition of smart contracts. Legal and regulatory gaps are discussed, in particular, the lack of interoperability between the State Land Cadastre and the State Register of Property Rights, as well as the necessity of legally enshrining the status of digital transactions. Based on the analysis of current Ukrainian legislation and property registration practices under wartime conditions, the article substantiates the need to modernize the legal framework governing the verification and affirmation of ownership. Emphasis is placed on enhancing registry cybersecurity, creating mechanisms for the restoration of lost records, and the role of technology in ensuring transparency and security in the property market. The article concludes that further modernization of the institution of property rights registration is essential for strengthening ownership guarantees, adapting the legal system to the digital economy, and maintaining the stability of the real estate market under both global and domestic challenges.

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Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-08-30
Primary Topic
Geochemistry and Geologic Mapping
Type
article
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article

Еволюція правового регулювання виникнення права власності на нерухоме майно в Україні: сучасні виклики та перспективи

Scientific periodicals of Ukraine
Geochemistry and Geologic Mapping
article

Еволюція правового регулювання виникнення права власності на нерухоме майно в Україні: сучасні виклики та перспективи

article en

Abstract

The article is devoted to the evolution of legal regulation concerning the acquisition of ownership rights to immovable property in Ukraine, taking into account current challenges and future prospects for development. The historical stages of the formation of property rights over immovable assets are analyzed, from feudal law to the contemporary digital transformation of the registration system. Particular emphasis is placed on the fact that only with the establishment of an independent Ukrainian state did civil legislation begin to reintroduce the legal distinction between movable and immovable property. Special attention is given to the impact of martial law on the effectiveness of registries, particularly in the context of archive destruction, cybersecurity threats, and loss of documentation. The article highlights that the new model introduced in Ukraine on 1 January 2013 empowered notaries to act as state registrars of real property rights. The study focuses on the transformation of the registration mechanism, including the implementation of electronic services, the use of blockchain technologies, and the prospective legal recognition of smart contracts. Legal and regulatory gaps are discussed, in particular, the lack of interoperability between the State Land Cadastre and the State Register of Property Rights, as well as the necessity of legally enshrining the status of digital transactions. Based on the analysis of current Ukrainian legislation and property registration practices under wartime conditions, the article substantiates the need to modernize the legal framework governing the verification and affirmation of ownership. Emphasis is placed on enhancing registry cybersecurity, creating mechanisms for the restoration of lost records, and the role of technology in ensuring transparency and security in the property market. The article concludes that further modernization of the institution of property rights registration is essential for strengthening ownership guarantees, adapting the legal system to the digital economy, and maintaining the stability of the real estate market under both global and domestic challenges.

Scientific periodicals of Ukraine
Max Planck Society (DE)
Peace, Justice and strong institutions
Openalex Percentile: Top 58%
Geochemistry and Geologic Mapping
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