Ukraine's Digital Transformation Ministry Confirms Need to Change Land Purchase Rules for Companies with Foreign Capital

Ukraine's Ministry of Digital Transformation has officially confirmed the need for legislative amendments regulating the right of Ukrainian legal entities with foreign investment to acquire non-agricultural land plots in ownership. This became known from a response by Deputy Minister Stanislav Prybytko, sent to the Association of Telecommunication Operators "Telas," which had previously approached the officials with a query regarding the ambiguous application of Article 82 of the Land Code of Ukraine.

Ambiguity of Article 82 of the Land Code

According to information obtained by RBC-Ukraine, the Association of Telecommunication Operators "Telas" submitted an appeal to the Digital Transformation Ministry, pointing out a systemic problem: the provision of Article 82 of the Land Code is open to dual interpretation, which in practice leads to refusals to register ownership rights to land plots for companies that have foreign investment in their authorized capital. In the response by Deputy Minister Stanislav Prybytko, the ministry's position is explicitly recorded: "The Digital Transformation Ministry supports the importance of the issue raised by the Association regarding the need for legislative amendments that will ensure a uniform application practice on the right of Ukrainian legal entities with foreign investment to acquire non-agricultural land plots in ownership." Thus, the ministry has effectively acknowledged that the current version of the Code does not allow for a consistent practice and requires correction at the level of the Verkhovna Rada.

Bill No. 14087 as a Solution Tool

Experts cited in the materials on the topic note that Bill No. 14087 of September 29, 2025, dedicated to the liberalization of land relations in Ukraine, is intended to resolve the contradictions and eliminate legal uncertainty. As of the preparation of this publication, the document, which was submitted more than a year ago, is still awaiting consideration in the Verkhovna Rada. The authors of the initiative emphasize that adopting the bill will protect enterprises from the dual reading of legal provisions and create a transparent mechanism for acquiring non-agricultural land plots for companies with any composition of shareholders, including foreign capital.

Scale of the Problem: Over 80,000 Enterprises

The Association "Telas" draws attention to the fact that uncertainty in the right to purchase land plots creates serious risks far beyond the telecommunications sector. "If clear rules are not established, the threat will arise for more than 80,000 Ukrainian companies that have attracted foreign investment and operate in various areas of the economy," the association states. This refers to companies in the manufacturing, logistics, service, and other segments, which need to acquire land in ownership to expand their operations or build infrastructure facilities. The lack of clear rules, according to business representatives, may lead to mass land disputes and worsen the investment climate in the country.

Contradictory Data

The central contradiction around which the discussion is built lies in the interpretation of Article 82 of the Land Code itself. On the one hand, a number of regional state registration services and local authorities interpret the provision as a direct restriction: if the authorized capital of a Ukrainian legal entity includes a share of a foreign investor, the company loses the right to acquire non-agricultural land plots in ownership. On the other hand, the Digital Transformation Ministry, in its response to "Telas," states that the legislation does not contain such a direct ban, and the problem arises precisely due to the lack of a uniform application practice. Thus, the same provision, depending on the region and the specific official, may be interpreted as either permitting or prohibiting the purchase of land. It is precisely this discrepancy between the "letter" of the law and its actual application at the local level, in the view of both parties, that requires legislative regulation. At the same time, neither the Digital Transformation Ministry nor "Telas" disputes the very fact of the problem's existence — they differ only in assessing whether the current version of the Code is formally sufficient to protect business rights or requires a fundamental review.

Context: Investment Environment and the Telecom Sector

For mobile and internet operators, the issue of acquiring land plots is of critical importance: the construction of base stations, data centers, and the laying of fiber-optic lines require a constant expansion of the land base. The inability to register plots in ownership forces companies to settle for leasing, which limits their investment appeal for international partners and makes it difficult to attract long-term financing. Previously, "Telas" had already publicly called on the authorities to eliminate the gap in the Land Code, warning of the risks of mass land disputes and a negative impact on the investment environment. The confirmation of the Digital Transformation Ministry's position, received in September 2026, became an additional argument for accelerating the consideration of Bill No. 14087 in parliament.