Publication date: 20.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for submitting an application for payment of the next full compensation for forcibly expropriated property (mobilized property)
According to Art. 9 of Law No. 4765-VI, the right to reimbursement of the value of property (further - compensation) in the event of its forced expropriation under the conditions of a legal regime of war or a state of emergency has the right to legal entities of communal and private forms of ownership and natural persons from whom buildings, structures, and vehicles have been expropriated and other property for the needs of the state in the conditions of the legal regime of martial law or to avert or eliminate the situations that caused the introduction of the legal regime of emergency, and accordingly their successors and heirs.
According to Art. 11 of the Law, preliminary full reimbursement of the value of forcibly alienated property is carried out on the basis of a document containing a conclusion on the value of the property on the date of its assessment, which was carried out in connection with the decision on its forced alienation.
In order to receive the next full compensation for property forcibly expropriated under the conditions of martial law, its former owner or a person authorized by him after the cancellation of the legal regime of martial law applies to the territorial recruitment and social support center at the place of alienation of the property with an application, to which is attached a deed and a document, containing a conclusion on the value of the property.
In accordance with Clause 5 of the Procedure for considering applications and making payments for the next full compensation for property forcibly expropriated under the conditions of a legal regime of martial law or a state of emergency, approved by Resolution of the Cabinet of Ministers of Ukraine dated October 31, 2012 No. 998, the following information about the applicant is indicated in the application :
- full name (for legal entities) or surname, first name and patronymic (for individuals);
- location (for legal entities) or place of residence or stay (for individuals);
- identification code (for legal entities), registration number of the taxpayer's registration card or series and passport number (for individuals who, due to their religious beliefs, refused to accept such a number and notified the relevant state tax service body about it and have a mark in their passport) ;
- bank account details.
According to Clause 6 of Order No. 998, the military commissar considers the application within 10 working days from the day of its submission. If there is a need to check the facts stated in the application and clarify additional circumstances, the application is considered within 1 month.
Clause 7 of Order No. 998 states that, based on the results of the application review, the military commissar draws up a conclusion on payments for the next full compensation for property forcibly expropriated under the legal regime of martial law.
The payment of full compensation is carried out by the bodies that made a decision on the forced alienation of property, in the order of priority of issuing conclusions at the expense and within the limits of the funds provided in the state budget for the payment of the next full compensation for property forcibly alienated under the legal regime of war or state of emergency.
According to Clause 9 of Order No. 998, disputes related to the payment of the next full compensation for property forcibly alienated under the conditions of the legal regime of martial law shall be resolved in a court of law.
The provisions of Art. 13 of the Law "On the Transfer, Compulsory Expropriation or Expropriation of Property in the Conditions of the Legal Regime of Martial Law or State of Emergency" establishes that disputes related to the compensation of the value of compulsorily expropriated property shall be resolved in court.
The procedure for the return of forcibly alienated property that has been preserved and the provision of other property in exchange is established by Art. 12 of the Law.
The procedure for compensation for damage caused to vehicles and equipment as a result of their involvement during mobilization is established by Chapter 6 of Regulation No. 1921
Therefore, in order to receive compensation for seized property for military purposes, it will be advisable to lawyer consultation, legal services ( lawyer services ). A lawyer advice or an attorney will form a legal analysis of the situation and help to obtain appropriate compensation. In such a situation, the services of a lawyer will be not only useful but also necessary.
