COMPULSORY ALIENATION OF PROPERTY UNDER MARTIAL LAW IN UKRAINE

Abstract

The article is devoted to the peculiarities of forced alienation of property in favor of the state in the martial law in Ukraine. The purpose of the article is to find ways to improve the mechanism of forced alienation of property in favor of the state for public necessity. It is emphasized that even in a state of martial law, all legal instruments must be used to eliminate unjustified violations of the fundamental principle of inviolability of property. The article highlights the distinctive features of requisition in case of emergency and requisition in martial law, which consists in the moment when the owner of the requisitioned property receives its market value. In the case of requisition of property in case of emergency – reimbursement of its value occurs before the direct transfer of property to the state. In the case of requisition under martial law – usually after the termination or abolition of the legal regime of martial law. It is proposed to consider requisition as a legal phenomenon as a legal fact, as a civil legal relationship based on an administrative act, as a legal institution. The basis of requisition in martial law is the legal composition, each of the elements of which constitutes a certain legal fact (martial law, decision of the state body on requisition), so only in the aggregate it can lead to termination of ownership of the previous owner and its emergence in the state. Accordingly, only with the accumulation of these legal facts (full legal structure) will the final legal result occur, namely the transfer to state ownership necessary to protect the country or perform other related functions of property. The conditions of legality of carrying out of procedure of compulsory alienation of property in favor of the state in the conditions of martial law (introduction of martial law; decisionmaking on requisition exclusively by military) are allocated command of the Armed Forces of Ukraine and in coordination with the state administration; payment basis of alienation with previous or subsequent reimbursement of its value; compliance with the procedure for requisition from clear documentation; compliance with the procedure for assessing the market value of property). Emphasis is placed on cases and mechanisms of reimbursement of the value of requisitioned property, as well as providing the previous owner in exchange for other property. The possibility of requisitioning animals as a special object of civil rights has been established. The mechanism and features of the return of confiscated property are determined.