Research on the Placement of Fortifications on Agricultural Land Plots

Specialists from the East SOS Charity Foundation and the Southern Development Strategy NGO conducted a study on the placement of fortifications on agricultural land and the challenges it creates for landowners and tenants.

The study, titled “Challenges and Difficulties of Owners and Tenants of Land Occupied by Military Engineering or Fortification Structures,” aimed to identify both legal and non-legal problems faced by people due to the presence of such structures on their land plots. It also explored public opinion on introducing a compensation mechanism for the loss of the ability to freely use these lands.

Key issues identified in the study include:

• Land degradation caused by military structures.
• Restriction or termination of land use, which prevents landowners and tenants from deriving economic benefits.
• Lack of clear legal regulation regarding the use of land for military or fortification purposes.

The survey involved respondents from four regions: Kharkiv, Mykolaiv, Donetsk, and Kherson.

The study reached several important conclusions, including the following:

• The current (pre-war) procedure for regulating the placement of military engineering and fortification structures on agricultural land is overly bureaucratic and ineffective under the legal regime of martial law.
• Survey respondents, especially those without alternative sources of income, consider the introduction of a compensation mechanism during martial law to be a fair and justified response to interference with their property rights.
• Addressing the compensation issue requires the development of a state-level program, which in turn necessitates further research, policy proposals from relevant authorities, and open dialogue between public institutions and civil society.

The document was developed by:

• Oleksandr Minkin – Human Rights Coordinator, NGO Southern Development Strategy
• Kostiantyn Khmelnytskyi – Head of Agrohub, Business and Logistics Consultant, NGO Southern Development Strategy
• Olha Kleshnia – Legal Protection Expert, NGO Southern Development Strategy
• Yaroslav Taranets – Advocate, East SOS Charity Foundation
• Andrii Antukh – Human Rights Assistant, East SOS Charity Foundation

Read the full study, including detailed analysis, conclusions, and recommendations below.

Advocacy activities are carried out as part of the project “Support for Vulnerable Groups Affected by the War and Residents of Remote Territories of Ukraine”, implemented by East SOS with the financial support of the European Union.

Earlier, East SOS conducted an assessment of the humanitarian situation in 16 communities of the Synelnykove district of the Dnipropetrovsk region.