Some issues of legal regulation of requisition in Ukraine

Abstract

Property rights in Ukraine are guaranteed both at the level of the Constitution of Ukraine and at the level of many other legislative acts. Proper legal regulation of this legal institution has become the key to the economic development of our state and the preservation of its potential. The Civil Code of Ukraine, as the main act of the civil legislation, has paid the special attention to the regulation of property relations. At the same time, both the grounds for acquiring the right of ownership and its termination are the subject to effective settlement in the conditions of European integration processes, and in the modern period the issues of requisition has become especially relevant.
 Requisition is a way to terminate the ownership of property (including land) in case of natural disasters, accidents, epidemics, epizootics, martial law or state of emergency and other emergencies for reasons of public necessity and is both a way of creating the exclusive right of state property. The legislation of Ukraine also has defined the compulsory alienation of property and confiscation of property: compulsory alienation of property – is the deprivation of the owner of the right to individually determined property in private or communal ownership and which becomes state property for use in martial law or state of emergency previous or subsequent full reimbursement of its value; confiscation of property – is the deprivation of state 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 the legal regime of martial law or state of emergency. By their purpose, all the procedures described above mediate a common goal – the provision of property for the needs of the state under the legal regime of martial law, state of emergency or other extraordinary circumstances.