Publication date: 04.06.2024
Legal Basis for Nationalization of Property under Martial Law
Introduction
Nationalization of property is an important tool of the state under martial law to ensure national security and stability. In Ukraine, the legal framework for nationalization of property is regulated by the Constitution, laws and other regulations.
Constitutional Foundations
The Constitution of Ukraine
- Article 41: Guarantees the right to private property, but also provides for the possibility of compulsory alienation of property in cases of public necessity and on the basis of law, with prior and full compensation for the value of the property.
- Article 17: Defines the protection of the sovereignty and territorial integrity of Ukraine as the most important function of the state.
Legislative Framework
1. 1. The Law of Ukraine "On the Legal Regime of
martial law"
Main provisions
- Article 15: Stipulates that under martial law, the property of citizens and legal entities may be expropriated for the needs of the state, in particular, to ensure the defense of the country.
- Procedure: The expropriation of property is carried out on the basis of a decision of the military command in coordination with the relevant executive authorities or local self-government bodies.
2. The Law of Ukraine "On Mobilization Preparation and Mobilization"
Regulation of the mobilization process
- Article 4: Defines the obligations of state bodies, enterprises, institutions and organizations to ensure mobilization preparation, including the transfer of property for defense needs.
- Mobilization tasks: Businesses and organizations may be required to donate vehicles, equipment, and other property to meet mobilization needs.
Nationalization Procedure
1. 1. Compulsory Alienation of Property
The procedure of eminent domain
- Decision of the military command: A decision is made to expropriate property on the basis of defense and security needs.
- Valuation: Before alienation of property, it is evaluated to ensure fair compensation to the owner.
- Compensation: Property owners are provided with advance and full compensation for the value of their property.
2. Registration and Transfer of Property
Documenting the process
- An act of expropriation: An act of expropriation of property is drawn up and signed by representatives of the military command and the owner of the property.
- Transfer of property: After the act is drawn up, the property is transferred to the ownership of the state or relevant state bodies.
Judicial Protection of Owners' Rights
Possibilities of appeal
- Appealing decisions: Property owners have the right to appeal the decision on expropriation and the amount of compensation in court.
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- Court practice: Judicial authorities consider cases on the legality of expropriation of property and compliance of compensation with the established standards.
Conclusion.
The nationalization of property under martial law in Ukraine has a clear legal basis defined by the Constitution and legislation. This process involves the expropriation of property with prior and full compensation of its value, which ensures a balance between the needs of the state and the rights of owners. It is important that all procedures are carried out in accordance with the law and that the rights of citizens are properly protected;
