Without property rights. Will the state pay for forcibly alienated during the war?
According to the Law "On the transfer, compulsory alienation or seizure of property in the context of a legal regime of martial law or state of emergency", there are two procedures: "Forced alienation of property" and "seizure of property". "Forced alienation of property" - deprivation of the owner of the ownership of individually defined property, which is privately or communal property.
The property is transferred to the state for use in a legal regime of martial law or state of emergency, provided that it is preliminary or subsequent full reimbursement of its value. The procedure of "seizure of property" provides for the deprivation of state -owned enterprises, state economic associations of the right of economic management or operational management of certain state property for its transfer for the needs of the state.
Forced alienation of private property objects, followed by full compensation for their value is allowed only in the conditions of martial law or state of emergency in accordance with Art. 41 of the Constitution of Ukraine, the forced alienation of private property objects can only be applied as an exception on the grounds of public need, on the basis and in the manner prescribed by law, and subject to preliminary and full reimbursement of their value.
Forced alienation of such objects, followed by full compensation for their value is allowed only in the conditions of martial law or state of emergency. Thus, in the context of martial law and state of emergency, citizens and businesses can forcibly dispose of property only subject to prior or subsequent full reimbursement of its value. And only state property can be removed free of charge.
The forced alienation of property in the conditions of martial law occurs on the basis of decisions of the relevant bodies: it should be noted that the Law "On the transfer, forced alienation or seizure of property in the conditions of legal regime of martial law or emergency" enshrines cases that provide for further approval of the decision on compulsory alienation of property.
At the time of martial law, the state can withdraw real estate and cars from citizens, but this requires a decision of a military command or NSDC after deciding on the forced alienation of property (and its approval, if necessary), an act is drawn up. The form of the act of forced alienation of property is made on a single model approved by the Cabinet of Ministers.
The act must include: the act is signed by the owner of the property or its legal representative and authorized persons of the military command and the body and is affixed with the seals of the military command or the said bodies. The right of state ownership of property arises from the date of signing the act, and in some cases regarding movable property - from the date of entry into force by the Decree of the President of Ukraine the decision of the NSDC on forced alienation or withdrawal.
In the case of forced alienation of the property, a document with the conclusion on the value of the property at the date of its valuation is attached to the act. In the absence of the owner and his legal representative, the act of forced alienation or seizure of property shall be drawn up without their participation. In this case, the owner or representative has the right to familiarize himself with the act.