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REAL ESTATE IN UKRAINE


Definition of what is the real estate (i.e. immovable property) and what is the difference accordingly between the real estate (i.e. immovable property) and other property (i.e. movable property) are provided in the principle Ukrainian legislative regulation in this regard, which is the Civil Code of Ukraine effective as of January 1, 2004 with numerous subsequent amendments, which are continuously included into the same by Ukrainian Parliament (Verkhovna Rada Ukrayiny).

Definition of the immovable property in the Civil Code of Ukraine is rather interesting among all the other aspects. Clause 181 of the Civil Code of Ukraine provides that the immovable property (things, assets) includes the land plots as well as objects located on such land plots, which movement is impossible without destruction or change of designation of the same. And the movable property (things, assets) includes things, which can be freely moved in the space.

It seems to be rather simple and easily to understand that buildings, other constructions – are the immovable things (i.e. the real estate) as far as the same cannot be easily moved without destruction or changing of designation of the same.

But from the other hand the same clause of the Civil Code of Ukraine provides that the regime of immovable property (things, assets) can also cover (and do cover) other things, which can be easily moved, but also considered to be the immovable things (property, assets). So the above clause provides that the movable things (property, assets) are considered to be legally treated as immovable things if the title for such things requires the state registration. Following this rule, trucks, cars, other vehicles, air, sea, river and other ships, space objects, etc. are considered to have the same legal treatment and regime as the immovable things (property, assets). So, a movable thing from the legal point of view can be considered to be immovable in Ukraine.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other required legal support, assistance, coverage and protection.

 
Real estate affairs in Ukraine:
- Kharkov real estate investment potential
 
- Aspects of buying residential, commercial and industrial real estate in Ukraine
 
- Brief description of real estate transactions (deals) in Ukraine
 
- Main Ukrainian legislation covering the real estate issues in Ukraine
 
- Real estate due diligence in Ukraine
 
- Appraisal (evaluation) of property (including the real estate) in Ukraine
 
- Definition of real estate in Ukraine
- Real estate sale and purchase contract in Ukraine
 
- Contractual securities in Ukraine (Pledge and Mortgage)
 
- Basic property (and the real estate as well) encumbrances in Ukraine
 
- Mortgage agreement and legal relations in Ukraine
 
- Pledge agreement and legal relations in Ukraine
 
- Real estate related tax issues in Ukraine


 
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