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Prevention of raiders' intervention in connection with the opening of the land market

Prevention of raiders' intervention in connection with the opening of the land market

Anti-Raider Business and Land Protection 2026: Survival Strategy by LBA

 

Are you sure your land bank actually belongs to you? If you are a farmer or an agri-holding relying solely on lease agreements from 2018 — I have bad news for you. In 2026, the concept of “ownership” on paper and in reality are two different legal galaxies.

The land market has opened the floodgates not only for investors but also for the “scavengers” — new generation raiders. They don’t come in masks with guns. They come with an extract from the registry, where a shell company is already listed as the owner of your harvest.

At LBA, we see this every day: agribusinesses lose assets not due to bad weather, but due to legal naivety. This article is not a theoretical excursion, but a real “X-ray” of your security.

I, Denis Fedorkin, will tell you exactly where the holes in your defense are, and how we patch them before opponents crawl in.

Evolution of the threat: why old anti-raider business protection doesn’t work

Let’s be honest: before the market opened for legal entities, corporate raiding was crude. Now it is precision work. Anti-raider business protection today is not about security guards at the field perimeter; it is about the hygiene of corporate rights and the cleanliness of registries.

In practice, raiders look for the weak link. Often these are “dead souls” (uninherited land shares) or contracts signed “on the fly” by a village head 10 years ago. In 2026, the Supreme Court took a clear stance: a formal error in registering lease rights can cost you your pre-emptive right to purchase.

Judges look at the facts. If you cultivated the land but did not update the data in the DRRP (State Register of Property Rights), to the law, you are a ghost. And ghosts do not have the right of first refusal.

“Gray” Alienation Schemes: Opponent’s Logic and Tactics

How does your enemy think? They don’t want a frontal attack. The most popular scheme of 2025-2026 is “Micro-share Gifting”. Imagine you lease a plot, and you plan to buy it. The buyer acts as follows:

  1. The owner of the share gifts 1/100 of the plot to the buyer.
  2. The buyer automatically becomes a co-owner.
  3. According to the Civil Code, a co-owner has priority over the tenant.
  4. Your pre-emptive right is nullified, and the rest of the share is sold to the buyer legally.

At LBA, we call this a “viral investment.” You won’t even know the ground is burning beneath you until the new owner comes to terminate the lease agreement.

Legal Hack by LBA: The only way to fight is proactive monitoring and documenting the sham nature of the transaction. We prove in court that gifting 0.01 hectares is a fiction. With the right evidence base, courts side with the agricultural producer.

The Tax Trap: PIT, Valuation, and ESBU Risks

Many try to lower the assessed value of land to reduce taxes. This is a trap. If an individual sells a third real estate object in a year, the burden becomes critical:

  • PIT Rate (Personal Income Tax) — 18%.
  • Military Levy — current rate (may exceed 1.5%).
  • In total, you lose almost 20% of the value.

When you buy land at an undervalued price, you expose yourself to criminal charges for tax evasion. An investigator from the Economic Security Bureau of Ukraine (ESBU) will not sort through the details — they will simply seize the asset.

We use a different approach: full “white” valuation plus legal optimization through cost structuring. It is more expensive at the start, but it is reinforced concrete armor in court.

Land Concentration: Mathematics that Kills Business

The law limits land concentration in one pair of hands (for legal entities — up to 10,000 hectares). Raiders use this as an attack tool. The opponent artificially “attributes” related persons to you through manipulations with beneficiaries.

The result is a complaint to the Ministry of Justice and forced alienation of the “surplus.” At LBA, we conduct Due Diligence of the ownership structure before the deal. We check not only you but also partners, their relatives, and “sleeping” LLCs.

LBA Case Study: How we neutralized the “dead souls” scheme

Problem: An agro-holding in the Chernihiv region cultivated 500 hectares. Of these, 40 hectares were unclaimed shares. Raiders, through a corrupt registrar, registered ownership rights to shell persons using forged documents from the 90s.

LBA Solution:

  • Instant seizure of plots through securing a claim.
  • Opening of criminal proceedings (Art. 190 of the Criminal Code).
  • Archival check of Civil Registry Offices, which proved the absence of family ties between “owners” and deceased shareholders.

Result: Registration actions were cancelled. The client preserved the integrity of the land bank and continued the legal lease. This is real anti-raider protection in action.

FAQ: No-Fluff Answers

1. Can a “black” notary rewrite my land?

Technically — yes. But in 2026, the system has become tougher. We recommend putting objects on SMS-beacons (Opendatabot, YouControl) to block actions at the first signal.

2. What to do if the tenant died and there are no heirs?

Initiate the process of recognizing the inheritance as escheat (unclaimed) through the local community. If you are passive, raiders will “find” these lands. Manage this process yourself.

3. Should I buy land through Emphyteusis?

This is a tool of the past. The tax authorities treat this as a hidden sale. 2025 judicial practice shows that such contracts are easily terminated. Choose clean sale and purchase.

Conclusions

The land market is a legal war for resources. At LBA, we don’t believe in “luck.” We believe in audits, preemptive strikes, and rigid fixing of rights.

Your next step: Order an express audit of the land bank (Land Bank Due Diligence) at LBA. We will check the vulnerability of your contracts and the presence of “toxic” neighbors in the registry. Act while you are still the owner.


Denis Fedorkin — Managing Partner of Law Business Association (LBA). Lawyer with 17 years of experience, expert in tax law, business protection, and anti-raider activities. Specializes in comprehensive support of real estate transactions and land law.

Have questions about the security of your land bank? Get professional consultation or learn more about our team.

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