The Supreme specialized court of civil and criminal cases of Ukraine (hereinafter – SSCU) clarified problem issues of land legislation rules implementation in the Decree № 3 «On some issues of common courts’ competence and determination the jurisdiction in civil cases” dated March 1, 2013.

The SSCU focuses on cases in which parties are individuals and power entities and clarified that such disputes should be considered in civil procedure and, subsequently, by courts of common jurisdiction.

In particular, it was noted that disputes arising out of land relations, in which at least one party is an individual, in spite of the participation of the power entity, should be considered in civil procedure. This is being applied, for example, to claims on annulment executive and local authorities’ decision on issuing lend tenure planning submittal on allocation of a lend plot, other issues, necessary for the purchase and sale of land rights.

The SSCU’s position might have negative effects due to the excessive congestion of common courts in comparison with the administrative courts. On the other hand, civil procedure does not provide limitation period, which is determined in administrative procedure and lasts for six months.