See more
Publication date: 23.05.2024
lawyer, 23 years of experience in enforcement.
Establishment of military housing obligation for individuals and legal entities
ТекстIn times of national security jeopardy, Ukraine employs a distinctive legal structure referred to as martial law. The President of Ukraine receives counsel from the National Security and Defense Council regarding the implementation of martial law, either nationwide or in specific regions. Upon careful consideration of these recommendations, the President issues an official decree to enact martial law. Within two days, the Verkhovna Rada of Ukraine convenes to assess the decree and render a verdict. Once approved, the decree is promptly disseminated through various media outlets.
In direct response to the military aggression of the Russian Federation against Ukraine, martial law was implemented through the decree No. 64/2022 issued by the President of Ukraine on February 24, 2022.
During the implementation of martial law, the Decree issued by the President of Ukraine is required to encompass an extensive compilation of constitutional rights and freedoms that will be temporarily limited. This Decree must outline the duration of these restrictions, as well as the temporary curtailment of the rights and legal interests of legal entities, along with their corresponding duration.
Commencing on February 24, 2022, the implementation of martial law in Ukraine will result in the infringement upon the constitutionally guaranteed rights and liberties of individuals and citizens, as outlined in Articles 30-34, 38, 39, 41-44, and 53 of the Ukrainian Constitution.
In the areas of Ukraine where martial law has been implemented, as outlined in Clause 17, Part 1 of Article 8 of the Law of Ukraine "On the Legal Regime of Martial Law," the military administration, in collaboration with any existing military administrations, if applicable, has the authority to enforce housing obligations for both individuals and legal entities. These obligations encompass providing housing for military personnel, law enforcement officers, civil defense services, evacuees, as well as accommodating military units and institutions. The military leadership retains the right to fulfill this responsibility independently or in conjunction with the executive and local government bodies.
Within the Law of Ukraine "On the Legal Regime of Martial Law," Article 15 outlines the authority of military administration bodies, granting them the ability to make crucial decisions pertaining to matters under their jurisdiction.
Individuals who fail to adhere to the stipulations outlined in Article 25 of the Ukrainian Law titled "On the Legal Regime of Martial Law" will be subject to legal prosecution as mandated by existing obligations.
The Law, specifically Article 26, explicitly declares that the implementation of martial law in a specific region necessitates the sole authority of the courts to uphold justice. It is strictly prohibited to expedite or truncate any legal proceedings under any circumstances.
If the courts within the area affected by martial law are unable to carry out judicial proceedings, Ukrainian law permits the alteration of territorial jurisdiction or relocation of the courts. It is crucial to emphasize that the establishment of emergency or specialized courts is strictly forbidden.
In the era of martial law, the National Security and Defense Council of Ukraine assumes the responsibility of overseeing and regulating the operations of the military administration, executive, and local self-government entities.
Up until now, legal experts have reached an agreement that the regulations pertaining to military housing in the Law of Ukraine "On the Legal Regime of Martial Law" are in conflict with both the principles outlined in the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the established rulings of the European Court of Human Rights.
Although efforts were made to remove this provision from the legislation during the autumn of 2020, as mentioned in the conclusion of the CMU regarding draft law No. 3968 dated August 7, 2020, the proposed legislation was ultimately not put into effect.
Until March 30, 2022, the institute had yet to start its activities; despite this, the government launched a voluntary asylum program to assist displaced persons.
According to the Ministry of Community and Territorial Development, the state has announced that it will pay compensation to displaced persons for communal services in the amount of about 450 hryvnias every month.
The algorithm is as follows.
Those willing to accept displaced persons must notify the local authorities of such readiness. For this, it is necessary to contact the local self-government body with an application and provide the necessary information. Also, this information can be provided through the Shelter website or through the Diya application.
Local self-government bodies form a register of housing stock available for accommodation. Resettlement takes place only with the consent of the home owners.
Therefore, when performing military service, it will be advisable to get the advice of a lawyer. A lawyer services or advocate will form a legal analysis of the situation and help avoid loss of property and funds. In such a situation, Court proceedings, legal services, the services of a lawyer will be not only useful but also necessary.
