ОПЛАТНЕ ВИЛУЧЕННЯ МАЙНА У ВОЄННИЙ ЧАС

Abstract

The article examines the procedure for seizing property from citizens during wartime. The practice of confiscating cars from persons against whom materials on an administrative offense provided for in Art. 130 of the Labor Code of Ukraine. A number of shortcomings of the legal regulation of the requisition procedure in the legislation of Ukraine are outlined. Foreign experience on this issue is partially analyzed. On February 24, 2022, in connection with the invasion of the territory of Ukraine and the increase of armed aggression by the Russian Federation on the territory of our state, martial law was imposed in Ukraine for 30 days, which was increased later on. This legal basis has made significant changes to the usual life of Ukrainians, because now in Ukraine there are slightly different rules and other rights and responsibilities, including the right to own, use and dispose of their property. In this scientific paper, we analyzed the procedure of paid confiscation of property from citizens in wartime. The practical side of cars confiscation from people, of whom materials on administrative offenses provided by Art. 130 of Ukrainian Code of administrative offenses are compiled. Because of a difficult situation in Ukraine, a list of new legal acts have been written, which automatically created some questionable points. Therefore, a number of shortcomings of the legal regulation of the requisition procedure in the legislation of Ukraine are outlined. Foreign experience on this issue is partially analyzed as well. Because of a big disbalance within this topic in Ukraine, foreign experience would be useful when making needed changes in legal acts related to paid confiscation of property. Some of the countries had positive experience with requisition, i.e. Canada and Finland. For example, Finland has some good points when it comes to appealing. Almost all decisions made on alienation can be appealed. The appeal period is 30 days, although it may be extended in certain circumstances. The appeal is considered by a special court known as the land court. You can apply to the Supreme Court for permission to appeal the decision of the Land Court Considering this as well as Canadian experience, some of the key moments that Ukraine should undertake are: 1) time limits that regard time limit to appeal a decision of requisition, time limit for seizing the property; 2) the possibility of financial reimbursement; 3) determination of the exclusive range of entities authorized to conduct the procedure of alienation of property.