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Civil Code of Ukraine

Civil Code of Ukraine

Code entered into force on 1.01.2004. In addition to the general aspects of freedom of movement, the Civil Code provides that a person can not be expelled from his place of residence, if the access to it is not prohibited by law (Art. 313). According to  Art. 29 of the Civil Code, a person may have several places of residence. In addition to the general aspects of the inviolability of property rights, as guaranteed by the Constitution of Ukraine, charter 6 Art. 319 of the Civil Code contain a provision on the obligation of States not to interfere in the implementation of the owner’s property right. Art. 321 of the Civil Code, in addition to unlawful deprivation of property rights, also prohibit the restriction in the context of implementation of property rights. Expropriation of property rights is allowed only for reasons of social necessary, on condition of full reimbursement of the cost of such a facility on the basis of legislation.

Article 29. Residence Place of a Natural Person

  1. Residential building, apartment, any other premises suitable for residing therein (i.e. hostel, hotel, etc.) located in the appropriate place where the natural person resides constantly, dominantly or temporary shall be deemed a place of residence of a natural person.
  2. A natural person who reached fourteen years may freely choose his/her place of residence except restrictions established by the law.
  3. As for a natural person of ten through fourteen, the place of residence of his/her parents (adoptive parents) or one of them with whom the natural person resides or of the guardian or the place of location of the educational or health care institution etc. where he/she resides, unless any other place of residence is specified with the consent of a child and parents (adoptive parents, guardians) or by the organization performing functions of a guardian, shall be considered to be his/her place of residence. In case of dispute, the place of residence of a natural person of ten through fourteen shall be specified by the guardianship and trusteeship body or the court.
  4. For a natural person, who has not attained ten years, the place of residence of his/her parents’ (adoptive parents) or one of them with whom the natural person resides or of a guardian or the place of location of the educational or health care institution etc. where he/she resides shall be deemed his/its place of residence.
  5. For a legally incapable person, the place of residence of his/her guardian or the place of location of the organization acting as a guardian shall be regarded as his/her place of residence.
  6. A natural person may have several places of residence.

Article 313. The Right to Freedom of Movement

  1. A natural person shall be entitled to freedom of movement.
  2. A natural person who reached fourteen years of age shall have the right to freely and independently move on the territory of Ukraine and to select a place of stay. A natural person who has not reached fourteen years of age shall have the right to move on the territory of Ukraine only by the consent of his/her parents (adoptive parents), guardians and accompanied by them or by the persons authorised by them. 100
  3. A natural person, a citizen of Ukraine, shall have the right to freely return to Ukraine. A natural person who reached the age of sixteen years shall have the right to freely and independently leave Ukraine for abroad. A natural person who has not reached the age of sixteen years shall have the right to leave Ukraine for abroad only with the consent of his/her parents (adoptive parents), guardians and accompanied by them or the persons authorised by them.
  4. A natural person can be limited in exercising the right to movement only in cases stipulated by the law.
  5. A natural person cannot be evicted from the chosen place of stay, the access thereto is not prohibited by the law.
  6. The law can establish specific rules of access to certain territories provided the interests of state security, protection of public order, life and health of people require them.

Article 319. Implementation of the Ownership Right

  1. The owner shall possess, use and dispose of his/her property at his/her own discretion.
  2. The owner shall be entitled to perform any actions to his/her property if these actions do not contradict the legislation. In enjoying the rights and performing the obligations the owner shall be obliged to meet the moral principles of the society.
  3. All owners shall be given equal conditions for implementing their rights.
  4. Ownership shall make the owner be obliged.
  5. The owner may not enjoy the ownership right in violation of the rights, freedoms and dignity of the citizens, interests of the society, deterioration of ecological situation and natural qualities of the land.
  6. The state shall not intervene with the owner’s implementation of his/her ownership rights.
  7. Actions of the owner towards his/her ownership may be restricted or terminated or the owner may be obliged to let other persons use his/her property only in cases and per the procedure provided in the law.
  8. Specifics of exercising of the ownership right in national, cultural and historical valuables shall be established by the law.

Article 321. Inviolability of the Ownership Right

  1. The ownership right is inviolable. No one can be illegally deprived of this right or restricted in its implementation.
  2. The person can be deprived of the ownership right or restricted in its implementation only in cases and per the procedure established by the law.
  3. Forced alienation of the objects of ownership right may be applied only as an exception for the reasons of public necessity on the ground and per the procedure established by the law and on the condition of preliminary and full compensation for its value, except as provided in part two of Article 353 of this Code.

The full text of the document can be found at link.

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