Limitation of property ownership in the conditions of the legal regime of martial law in Ukraine

Abstract

The article is devoted to the disclosure of the issue of the limitation of property rights during the legal regime of martial law and measures that can be applied to property are analyzed. The author states that one of the unresolved legal problems of today is the problem of the possibility and proper implementation of the right to property ownership of measures and methods that can limit the rights of owners to property during martial law. The author, when analyzing the limitation of the constitutional right to own, use and dispose of one’s property, emphasized the uncertainty in the legislation of the mechanism of limitation and the lack of detail in which parts of the rights of owners may be limited. In the article, the author investigated such measures during the martial law regime as forced alienation of property and confiscation of property. Considering methods of forced alienation of property or seizure of property under martial law, the author found out that forced alienation of property should take place on the condition of prior full restitution of property or with subsequent full restitution of the value of the property. Considering the issue of confiscation of property, the author notes that confiscation of property, under the conditions of the legal regime of martial law, occurs without compensation for the value of the property. In the article, the author revealed the issue of receiving compensation for forcibly alienated property, which the author proposes to divide into two types: preliminary full compensation for the value of forcibly alienated property and subsequent full compensation for forcibly alienated property. During the research, the author considered the issue of making a decision on the introduction and implementation of measures of forced alienation of property or seizure of property and the implementation of such a decision. In the article, the author pays attention to the issue of the return of forcibly alienated property, which was preserved after the abolition of the legal regime of martial law, and the legal grounds and conditions for such return of property. According to the results of the research, the author claims that the realization of the right of ownership during the operation of the legal regime is of a limited nature, since there is a temporary limited regime during which the full realization of the right of ownership is not always possible.