12:02 08.12.2016

Claims of Polish citizens to Ukraine for restitution hopeless - expert

3 min read
Claims of Polish citizens to Ukraine for restitution hopeless - expert

Claims for restitution from Polish citizens deported from Ukraine to Poland in 1944-1945 lodged against Ukraine will hardly have a perspective, managing partner of the Volkov and Partners law firm Oleksiy Volkov has said.

"Claims are possible, there is no prospect," he told Interfax-Ukraine, commenting on the prospect of such claims for the return of former Polish estates or payment of compensation for lost property, information of which has recently appeared in mass media.

According to the lawyer, the reason for the beginning of this process was Ukraine's signing the Association Agreement with the European Union and the cancelation of the moratorium on land sales from January 1, 2017.

Volkov said in fact the basis for such efforts was the law on implementation of the right to receive compensation in connection with real estate, remaining outside the current borders of the Republic of Poland, passed by Poland on July 8, 2005.

"Fortunately for Ukrainians, the issue has already been settled by the agreement between the government of the Ukrainian Soviet Socialist Republic (USSR) and the Polish Committee of National Liberation on evacuation of the Ukrainian population from the territory of Poland and Polish citizens from the territory of the USSR signed on September 9, 1944, which entered into force on the same day. This agreement fully described the process of resettlement: the "evacuation" of citizens of both countries and the procedure of reimbursement for abandoned movable and immovable property," he said.

The expert noted the agreement pinned compensation for abandoned property to the state, to which the citizens of the corresponding country were evacuated.

"That is, Poland had to pay compensation to Polish citizens," he said.

Volkov noted a similar situation was between Germany and Poland, where relocation of citizens with the loss of rights to immovable property was observed.

In addition, Ukrainian citizens also tried to obtain compensation for property abandoned in the territory of Poland, although claims were submitted to the Cabinet of Ministers of Ukraine.

He also noted the lawyers of Warsaw-based GSW Legal doubted at least some success of these cases.

"Given the fact that [at the time of signing the agreement in 1944] the World War II had not yet ended, the Polish government had not been finally formed, it is difficult to say whether compensations were paid at that time. However, as indicated by Polish lawyers, such claims stand little chance of success," the expert said.

"Some lawyers say the above mentioned agreement is not valid as it was signed not with the incumbent Polish government. There are many other legal arguments that call into question the possibility of bringing such a claim to victory," Volkov said.

The Volkov and Partners law firm is an associate member of the Grata International law group.

According to mass media, claims of the descendants of the owners of Polish estate in the territory, which now belongs to Ukraine, have been prepared in Poland for submission to courts in Lutsk and Ternopil, while similar actions were planned for submission in Kyiv and Kharkiv.

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