Publication date: 25.05.2024
The Council adopted the Law on the regulation of forced alienation of property under martial law
The Verkhovna Rada of Ukraine adopted a new law aimed at settling issues of forced alienation of property under martial law. This law aims to ensure legal certainty and transparency in the process of alienation of property necessary for the defense of the country and ensuring the livelihood of the population during emergency situations.
Basic provisions of the law
1. Grounds for alienation of property
The law defines the specific grounds on which forced alienation of property can be carried out. Including:
Necessity for the defense of the country: Expropriation is carried out in the event of an urgent need to ensure the defense of Ukraine.
Ensuring the livelihood of the population: Expropriation of property is possible to ensure the basic needs of the population in emergency situations.
2. Alienation procedure
The law establishes a clear procedure for forced alienation of property, which includes:
Decision of competent authorities: Expropriation of property is carried out on the basis of the decision of military administrations or other authorized bodies of state power.
Appraisal of the value of the property: Before alienation, a mandatory assessment of the value of the property by independent experts is carried out.
Compensation to owners: Owners of expropriated property have the right to receive fair compensation, the amount of which is determined according to the market value of the property.
3. Owners' rights and obligations
The law also provides for the protection of the rights of owners of alienated property:
Right to appeal: Owners have the right to appeal the decision on forced alienation of property in court.Compensation payments: Owners are guaranteed fair and timely compensation for alienated property.
4. Exceptions and limitations
The law defines the categories of property that are not subject to forced alienation:
Residential premises: Compulsory expropriation of residential premises is possible only in extreme cases and if there is alternative housing for the owners.
Property of critical infrastructure: Expropriation of such property is possible only under special conditions and subject to additional guarantees. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Expected consequences
Adoption of this law aims to achieve several important goals:
Ensuring the defense capability of the country: Simplifying the process of alienation of property necessary for defense will contribute to a more effective response to military threats.
Protection of citizens' rights: Establishing clear procedures and guarantees for the protection of the rights of owners will ensure that the risks of abuse and violations of citizens' rights are reduced.
Transparency and legal certainty: The law ensures transparency of property alienation processes and legal certainty for all participants.
Conclusion
The law on the regulation of forced alienation of property under martial law is an important step in the direction of ensuring national security and protecting the rights of citizens.It establishes clear rules and procedures that will facilitate the effective and fair disposal of property in emergency situations, while ensuring that the rights of owners are properly protected.
