Supreme Specialized Court of Ukraine in civil and criminal cases (hereinafter - SSCU) in a letter dated 01/28/2013 № 24-150/0/4-13 has considered important issues of civil cases related to the protection of property rights.

Courts in cases of unauthorized constructed real estate ownership recognition are required to check whether the issue of the title registration of the unauthorized construction was a subject of consideration of a competent public authority, whose decisions or lack of it would give reasons to deem there is a dispute regarding the right.

Herein, SCCU emphasizes that a court should not change bodies, which are required to issue permits for the construction. Unauthorized constructed real estate ownership recognition in court proceedings must remain the exclusive remedy.

Even in case of the claim recognition by a defendant a court should satisfy the claim only basing on legal grounds. If the claim recognition by the defendant is in compliance with the law or infringes the rights, freedoms and interests of others, the court should reject the amicable settlement and continue the court proceeding.