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Publication date: 28.05.2024
Lawyer
Legal mechanisms for protection against illegal searches and seizure of property during wartime
Forcible alienation of property is a process by which the owner loses ownership of his separate property, which is in private or communal ownership. Such property becomes the property of the state for use under conditions of war or emergency. At the same time, the owner must be paid compensation corresponding to the value of the alienated property, before or after alienation.
Seizure of property - deprivation of state enterprises, associations of the right to dispose of or manage separate state property for the purpose of transferring it for the needs of the state in conditions of war or state of emergency.
Forcible confiscation of property of the Russian Federation and its residents in Ukraine is a process of mandatory removal of property rights from the Russian state and its residents for reasons of public needs (including military necessity) in favor of Ukraine on the grounds and in the manner established by law.
Objects of ownership of the Russian Federation and its residents are movable and immovable property, money, bank deposits, securities, corporate rights and other assets located/registered in Ukraine and owned directly or through affiliated persons by the Russian state and its residents. Seizure of such property in conditions of war or state of emergency occurs without compensation for its value.
In the conditions of martial law, ensuring the rights and freedoms of citizens is an extremely important issue that requires careful legal analysis. A lawyer's consultation on the protection of property rights against illegal searches and seizure of property may be necessary for many.
According to the Constitution of Ukraine, everyone is guaranteed the inviolability of housing. It is not allowed to enter a dwelling or other property of a person, conduct an inspection or search in them other than by reasoned decision of the court. Thus, the legal conclusion must be based on the presumption of protection of the right to inviolability of housing.
At the same time, according to the Law of Ukraine "On the Legal Regime of Martial Law", in the event of the introduction of martial law, the military command has the right to inspect premises belonging to citizens. The lawyer's legal opinion is that it is necessary to comply with the legal requirements for the procedure of conducting such reviews.
In particular, an inspection of a person's home or other possessions may be conducted based on a written, reasoned decision of the relevant military command. Civilians between the ages of 16 and 60, upon presentation of a document on the inspection, are required to provide premises for inspection and movement in them. Two familiar persons must be present during the inspection.
Any illegal seizure of property during wartime is considered looting. It is subject to investigation and punishment in accordance with current legislation. Analysis of documents that confirm cases of illegal seizure of property of civilians is important for legal protection of their interests.
T
how, in the conditions of martial law, the procedures of searches and seizure of property should be carried out in compliance with the norms of legislation. Providing a legal mechanism for protection against illegal actions in this area is an extremely urgent task for lawyers.
