Application of specialised knowledge in proceedings concerning defence land
Abstract
The article is devoted to the analysis of proceedings relating to defence land. Such proceedings are connected with the return of illegal use of state-owned land in accordance with its intended purpose. Based on a study of the Unified State Register of Court Decisions, it has been established that at least five lawsuits per region are filed annually by municipal maintenance departments representing the Ministry of Defence of Ukraine with commercial courts. As a result of the resolution of court disputes in this regard, only one third of the claims are satisfied. The reasons for this state of affairs have been analysed.
Attention is drawn to the claims, which differ in each case, despite similar situations of land misappropriation. The author also focuses on the evidence used in the process of proof in this category of cases. The author analyses the main issues that are resolved in the course of commercial litigation.
The article describes forensic examinations which are often appointed in proceedings on defence land. The author provides a substantive analysis of these examinations. The author formulates the main problems which arise during the appointment and conduct of forensic examinations, including unjustified rejection of applications for the appointment of examinations, and use of legal expertise conclusions.
The study of this category of land disputes has revealed that such disputes are most often resolved in commercial proceedings. Among the expert examinations, plaintiffs most often refer to the following: land technical, land valuation, expert examination to determine the compliance of the documentation on the valuation of a land plot or rights to it with the requirements of regulatory legal acts on property valuation, and expert examination on land management. The findings are of interest to commercial law practitioners representing the Ministry of Defence of Ukraine in order to improve their professional activities.
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References
Popovich I.M., 2019. Problemal issues on the appointment and conduct of forensic examination in commercial litigation [Problemni pytannia pryznachennia ta provedennia sudovoi ekspertyzy v hospodarskomu sudochynstvi]. Teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki – Theory and Practice of Forensic Science and Criminalistics, No. 20, pp. 119-206. https://doi.org/10.32353/khrife.2.2019.14.
Savchak V.V., 2015. Land-technical forensic examination as a tool resolving land disputes. Features [Zemelno-tekhnichna ekspertyza yak instrument vyrishennia zemelnykh sporiv. Osoblyvosti]. Porìvnâlʹno-analìtične pravo, [online] No. 4, pp. 199-202. Available at https://dspace.uzhnu.edu.ua/jspui/bitstream/lib/7260/1/Савчак_Земельно_технічна_експерт_як_інструмент.pdf [Accessed 1 February 2023].
Cherkun V.B., Leshchenko M.V., Zygun A.Yu. and Avramenko Yu.O., 2020. Procedure, rules for obtaining and processing documents in construction [Poriadok, pravyla otrymannia ta oformlennia dokumentiv u budivnytstvi]. Communal Management of Cities, Vol. 6, No. 159, pр. 19-28. https://doi.org/10.33042/2522-1809-2020-6-159-19-28.
Puchko D.V., 2019. About classification issues of forensic construction engineering examinations [Shchodo problemnykh pytan klasyfikatsii sudovoi budivelno-tekhnichnoi ekspertyzy]. Teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki – Theory and Practice of Forensic Science and Criminalistics, No. 20, pp. 480-492. https://doi.org/10.32353/khrife.2.2019.38.
Ziatina D., 2019. Evidence and proof in the economic process: the latest practice of the Commercial Court of Cassation [Dokazy i dokazuvannia v hospodarskomu protsesi: novitnia praktyka Kasatsiinoho hospodarskoho sudu]. Pìdpriêmnictvo, gospodarstvo ì pravo – Entrepreneurship, Economy and Law, No. 6, pp. 83-88. https://doi.org/10.32849/2663-5313/2019.6.14.
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