Property rights in martial law

Abstract

The article is devoted to the study of property rights in martial law, the definition of «forced alienation of property» and «seizure of property», reveals their characteristics.
 The analysis of the essence of the property right in the conditions of martial law is carried out, it is defined as there is a compulsory alienation and confiscation of property.
 It is established that during martial law there is a possibility:
 –forcible alienation of property, ie deprivation of the owner of the right to ownership of individually identified property in private or communal ownership and which becomes the property of the state for use under martial law or state of emergency subject to prior or subsequent full reimbursement;
 –confiscation of property, ie deprivation of state-owned enterprises, state economic associations of the right of economic management or operational management of individually determined state property for the purpose of its transfer for the needs of the state under martial law or state of emergency.
 It is important that an act is drawn up on the forced alienation or confiscation of property.
 It is determined that in the modern legal literature there is no clear scientific study that would address the issue of property rights in martial law. Therefore, it is necessary to more clearly analyze the provisions of the legislation of Ukraine on property relations that exist under martial law.
 According to the results of the study, it was concluded that in martial law only the procedure of forced alienation of private property and communal property with subsequent compensation of value can be applied, and seizure occurs exclusively at the expense of state property and without reimbursement of such property.
 The decision to forcibly expropriate property may be taken only by the military command in agreement with the local self-government body, depending on the conduct of hostilities in the territory.
 It should be noted that the police, the Territorial Defense Forces, and individual servicemen cannot forcibly confiscate the private property of citizens without a proper decision of the Military Command and without proper documentation.