STATUTORY AND REGULATORY FRAMEWORK OF STATE LAND REGISTRATION UNDER MARTIAL LAW: CHALLENGES FOR AREAS OF POTENTIAL HOSTILITIES

Abstract

The scientific article provides a comprehensive theoretical, legal, analytical, and practical analysis of the institution of state registration of land plots under the legal regime of martial law in Ukraine, with a specific focus on the specifics of the territories of possible hostilities and the transformation of the unified system of legal registration of rights and restrictions. For the first time within the registration system, the study introduces a detailed comparative analysis of the legal regimes applied within the territories of possible hostilities versus the territories of active hostilities. Primary attention is focused on identifying and classifying systemic restrictions and contrasting the legal mechanisms that arise during the functioning of the State Land Cadastre (SLC) and the State Registry of Proprietary Rights to Real Estate (SRPR) within the specified territories. Special attention is paid to comparing spatial restrictions within software complexes, the development of land management documentation, and special digital safety markings, including geofencing technologies, which prevent unauthorized changes to the registries and protect state geospatial data. Separately, the practical challenges of conducting geodetic works, security risks, certification, and special conditions for performing spatial works in frontline regions are analyzed, including the necessity of coordinating actions with military administrations and involving State Emergency Service (SES) units for humanitarian demining operations. Based on the findings, concrete proposals are formulated to reform the Transitional Provisions of the Land Code of Ukraine to expand citizens’ rights to dispose of their property, as well as to implement automated XML gateways and a crypto-verification system for land management engineers along with increasing their personal legal responsibility.