Legal Position Research Articles

The Legal Position of the Indonesian Ulema Council in Applying the Principles of Islamic Law in Islamic Banking Operations in Indonesia

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles.

Rozważania na temat pozycji prawnej (prawa) świadka pozostającego ze stroną w związku partnerskim

The article aims to present the issue of protecting the rights of a witness who is a partner of a party to the proceedings. The presentation of the legal position of these persons in individual proceedings is based on the analysis of the right to refuse to testify and the right to refuse to answer a question. The key issue is to determine the subjective scope of the above-mentioned rights. Analyzing the provisions of criminal, civil and administrative proceedings, it can be concluded that only the Criminal Procedure Code covers persons living together subjectively. This means that this regulation will not only cover spouses but also persons who are cohabitants. A narrower scope for other procedures may entail procedural and evidentiary problems. The problem also concerns ailments and the method of imposing administrative fines. The article’s purpose is not only to present the problem but also to show a possible solution. Therefore, the postulate de lege ferenda was put forward, showing the potential ways of closing the legal loophole which gives a certain advantage to married persons over those who live only together.

Hak Waris Anak Dari Ibu Pengganti (Surrogate Mother) Ditinjau Dari Hukum Islam

Introduction: According to Article 832 of the Civil Code, it is known that legal and illegitimate blood and the spouse with the longest life are entitled as heirs. Islamic Sharia establishes the rules of inheritance in an orderly and fair manner. When a person, male or female, is legally assigned to possess. Islam also provides for the right to transfer one's property after death to his heirs and all his relatives, without distinguishing between male and female.Purposes of the Research: The purpose of this study is to know and explain the legal position of children from surrogate mothers in terms of Islamic Law. 1). To know and explain the inheritance rights of children from surrogate mothers in terms of Islamic Law. 2). As one of the academic requirements to obtain a law degree at the Faculty of Law, Pattimura University.Methods of the Research: This research uses a type of normative juridical research that is analytical descriptive.Results of the Research: 1. The legal status of surrogate mothers in Islamic law is that in Islamic law, a child born to a surrogate mother belongs to the mother who conceived and gave birth to the child, even though the egg is not hers. Children born through this process are also assigned to pregnant and giving birth mothers, that is, mothers whose womb is rented out. A child born with surrogacy cannot be combined with a woman who has a mother egg or embryo in the child, because according to Islamic law, surrogacy is not permissible or haram. 2. The right of inheritance of the surrogate mother's child in the sense of Islamic law is the right of inheritance of a child born to a surrogate mother, because in the Qur'an it is explained that the woman who gives birth and the pregnant woman has the right to take care of her, because in the blood of the child flows the blood of the woman who contains her.

Positioning Of Legal Philosophy To Maintain The Dignity Of Law Enforcement

The enforcement of law is an integral aspect of the legal system's functioning, and it is often criticized with phrases like "no viral, no justice" or "law is sharp downwards, blunt upwards." In this context, how does the philosophy of law play a role in upholding the integrity of law enforcement, and how can a legal enforcement system be grounded in the rationality of legal philosophy. This type of research is normative with a conceptual approach based on secondary data. Secondary data is obtained through literature review and then analyzed qualitatively. Based on the analysis, it is found that the role of legal philosophy in maintaining the integrity of law enforcement involves guiding law enforcers to work effectively, respect, follow, and consistently apply rules to create balanced relationships by providing rights to everyone through fair and proportional procedures. A legal enforcement system based on the rationality of legal philosophy would involve: Methodical Enforcement: Law enforcement. is conducted in a structured and systematic manner. Systematic Enforcement: Law enforcement follows a structured process. Coherent Enforcement: Law enforcement is logically consistent. Rational Enforcement: Law enforcement is based on reason rather than emotion. Comprehensive Enforcement: Law enforcement addresses all relevant aspects comprehensively. Radical Enforcement: Law enforcement applies thoroughly and decisively. Universal Enforcement: Law enforcement is applied universally, ensuring that it is fair and equal for all. This research confirms that a strong and integrated legal philosophy position in the law enforcement system is the key to maintaining and enhancing the dignity of the law itself. This requires commitment from all legal stakeholders to continue to apply and develop the principles of legal philosophy in every aspect of law enforcement.

PROBLEM OF THE APPLICATION OF POTESTATIVE TERMS IN CONTRACTS FOR THE PERFORMANCE OF EXPERIMENTAL DESIGN WORK IN THE FIELD OF STATE DEFENSE ORDER

The purpose of the research. The article examines the actual problems of the application of potestative (suspensive) terms in contracts for the performance of experimental design work in the field of state defense orders, highlights the specific features of the legal regulation of the legal relations in question, provides their interpretation in the legal doctrine, as well as in the current legislation of the Russian Federation. The author conducted a review of Russian judicial practice, identified and recorded its positive and negative trends. Potestative terms in a contractual obligation are definitely permissible, should not be dependent or counter, are a priori feasible by virtue of the law, are associated with the volitional actions of the party to the transaction, simultaneously responding to the sign of uncertainty and the criterion of reality, while theoretically possible in reality, although their occurrence is unknown in advance. The research is conducted in order to identify and overcome legal gaps, develop recommendations for effective law enforcement of existing norms and improve individual legal acts, norms and institutions. Results. As a result of the conducted research, the author comes to the conclusion about the practical ineffectiveness of potestative terms in contracts for the performance of experimental design work in the field of state defense orders, aggravating the legal position of the head contractor, destabilizing his financial stability in the form of an array of simultaneous claims and claims for payment of completed and accepted works.

Legal status of an independent board member: A comparative perspective between the legal position in Kuwait and USA

While there is no clear definition of what corporate governance is, corporate governance principles can be described as an intervention in the management of a company. Every listed company must have a board of directors. One of the most important corporate governance principles is to strengthen the board composition by having an independent director. This article deals with one of the most important issues related to corporate governance of Kuwait's main securities market: having independent directors on the board. Corporate governance as it relates to listed companies is sensitive to economic, social and political variables. Consequently, the 2015 Kuwaiti Corporate Governance Code (KCGC) raises a number of questions. For example, what requirements should list companies follow when appointing independent directors? To what extent are listed companies obliged to apply it in present circumstances? Finally, can practical solutions be found that will satisfy the parties concerned? In discussing the role of independent director in KSE, this paper will compare the provisions of corporate governance in the New York Stock Exchange (NYSE) and those in Kuwait Stock Exchange (KSE). This article will be underpinned by a comparative legal analysis of the NYSE relating to corporate governance in an effort to improve the KCGC. Keywords: independent director, corporate governance, Kuwaiti Stock Exchange, New York Stock Exchange

Legal regulation of the provision of electronic services in the field of social protection of the population

The article is devoted to the analysis of the legislative consolidation of the provision of electronic services in the sphere of social protection of the population in Ukraine, taking into account the trends of reforming the institute of electronic services in the state. The current state of legal regulation of the provision of electronic services in the field of social protection of the population and directions for improvement of normative legal acts in the specified field have been studied. Summarizing the legal basis regulating the provision of electronic services in the field of social protection of the population, such acts can be classified by legal force (legislative, sub-legal) and by the content of the subject of regulation (determine general theoretical provisions and some aspects of an organizational nature; administrative jurisdictional activity of public administration bodies regarding provision of electronic services in the field of social protection of the population; guarantees of legality of the provision of electronic services in the field of social protection of the population). It has been established that today there is a significant number of normative legal acts that regulate certain aspects of the provision of electronic services in the field of social protection of the population. This is natural given the wide range of social relations subject to their regulation. Instead, for further systematized reform in this area, it is necessary to determine the general principles of organizational and legal regulation of the provision of electronic services in this area on the basis of a unified legislative act with the aim of a systematic approach to the elimination of legal gaps in the regulation of such an institution in view of the special legal position of subjects of public administration of providing electronic services in the field of social protection of the population.

Years of service as a condition for pension security of military officers and persons equivalent to them

The article presents a study of the legislative and law enforcement practice of calculating years of service as a condition for pension provision for persons discharged from military service and persons equated to them. Based on the legal positions of the Constitutional Court of Ukraine, the author emphasizes that a pension for years of service is an integral part of the special professional status of persons discharged from military service and persons equated to them. The author supports the arguments of scholars about the need to preserve the institution of years of service. The author characterizes the differences in the application of the provisions of the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” and the resolutions of the Cabinet of Ministers of Ukraine establishing the general and preferential rules for calculating years of service. It is given the analyzed decisions of the Supreme Court on disputed issues. It is emphasized that the preferential enrollment of years of service is not an independent type of it and does not compete with its calendar calculation. The author argues that the calculation of years of service on preferential terms should be preserved with due regard for the specifics of such enrollment since it is one of the mechanisms of the state’s provision of social guarantees for persons who daily risk their lives/health and perform duties to protect the existence of the state itself. Based on the analysis of the legislative provisions, the author confirms that the years of service required for the entitlement to a pension for years of service depend on the period in which a person has discharged from military service. It is presented the arguments regarding the need to return the previous version of para. 1.3 of the Resolution of the Cabinet of Ministers of Ukraine of July 17, 1992 № 393, which fixed the conditions for the enrollment of certain periods of service to years of service on preferential terms precisely during the appointment of pensions, and not when determining their amount. The author proposes to supplement Article 12 of the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons” with a provision stating that years of service as a condition for granting a pension under this Article should be calculated on preferential terms for persons who have performed the relevant service.

Kedudukan Hukum Justice Collaborator dalam Sistem Peradilan Pidana di Indonesia

Justice collaborators play an important role in law enforcement. The role or function of a justice collaborator includes disclosing a criminal act or the impending occurrence of a criminal act, so that the return of assets resulting from criminal acts can be achieved to the state, providing information to law enforcement officials, providing testimony in the judicial process. The aim of this research is to analyze the legal position of justice collaborators in the criminal justice legal system in Indonesia. This research uses a type of normative juridical research by analyzing primary, secondary and tertiary legal materials. The results of the research are that the legal position of justice collaborator has a very important role in uncovering a well-organized criminal act, or a particular criminal case, so that the suspect or defendant's request to become a justice collaborator must be granted. considered based on the evidence at trial in this case. It is within the judge's authority to grant the justice collaborator's request, because this will affect the sentence. In conclusion, justice collaborators are not regulated in the criminal procedural law book in Indonesia, but are regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims, as well as Joint Regulations for Law Enforcement Officials and Witness and Victim Protection Institutions concerning Protection of Witnesses and Victims. Complainant, Reporting Witness and Perpetrator Witness Working Together.

Пределы усмотрения органов местного самоуправления в случае отмены административного акта в сфере градостроительства

The publication reviews the definition of the limits of discretionary power of local self-government bodies in the field of urban construction in case of autonomous cancellation of administrative act, which was previously issued. It was recognized that in the practice of Constitutional Court of Russian Federation and Supreme Court of Russian Federation in 2022 legal positions were formulated, connected to defining the limits of discretionary power of public administration body in case of cancellation or changes introduced into administrative act autonomously in compliance with the concept of trust protection. Summary of judicial practice materials allowed to set the perception of legal positions, which were formulated by Russian senior courts, courts when assessing the limits of discretionary power in the event of autonomous cancellation by act in the field of urban construction previously issued.

Legal Position of a Deed of Release of Rights Made by a Notary for Building Use Rights Objects which the Term has expired

Legal Position of a Deed of Release of Rights Made by a Notary for Building Use Rights Objects which the Term has expired

The Essence of the Legal Position of the Successor According to Islamic Law and the Civil Code Based on the Decision of the Religious Court and the District Court in South Sulawesi

The Essence of the Legal Position of the Successor According to Islamic Law and the Civil Code Based on the Decision of the Religious Court and the District Court in South Sulawesi

Legal Position of the Surrogate as a Substitute For a Signature In a Notarial Deed

A handwritten signature on an authentic deed serves a fundamental legal function as an identifier and acknowledgment to legalize all rights and obligations outlined in the deed. According to the regulation concerning the Notary Public Functional Position (Undang-Undang Jabatan Notaris), an authentic deed must contain the signatures of all parties involved (the notary public, witnesses, and the first and second parties) as mentioned in the deed. However, this regulation can create issues when one of the parties is unable to provide a signature on the authentic deed. This research analyzes how notarial deeds are signed for people who cannot sign. This research is normative legal research using a statutory approach and a conceptual approach. The results of this study show that there are three procedures for using a Surrogate in authentic deeds First procedure: If the individual cannot read or write but has no physical disabilities (they have all their fingers and can make a signature), a fingerprint will be used as the Surrogate. This should be noted and attached to the last page of the authentic deed; Second procedure: If the individual can read and write but has issues with their fingers (due to an injury or the absence of fingers), the Surrogate can be used, but it must be accompanied by an official medical letter from a doctor or hospital. This should also be noted and attached to the last page of the authentic deed. Third procedure: If the individual has visual impairments (is blind), the Surrogate can be used, but it must be accompanied by an official medical letter from a doctor or hospital. This should be noted and attached to the last page of the authentic deed.

Legal Position of Muhakkam Guardians in the Practice of Sirri Marriage in Aceh

Legal Position of Muhakkam Guardians in the Practice of Sirri Marriage in Aceh

Execution of decisions of the Constitutional Court of Ukraine: separate doctrinal approaches

It is indicated that the key problem in the activity of the Constitutional Court of Ukraine is ensuring the implementation of its decisions. Without solving this issue, it is impossible to guarantee the supremacy of the Constitution, the principle of separation of powers and the existence of an independent judicial branch of government as a separate institution. Ignoring the decisions of the constitutional control body undermines the very system of checks and balances, the authority of the Basic Law and the constitutional order in the country in general. These principles underlie the implementation of decisions of constitutional courts, the purpose of which is to ensure constitutional legality. In Ukraine, the mechanism for the implementation of the decisions of the Central Committee of Ukraine has already been developed in general, but there are problems related to the non-implementation of some of its decisions for a long time. Therefore, the task of further improvement of this mechanism and its proper legislative regulation remains relevant. The authors claim that Ukraine has already developed a mechanism for implementing decisions of the Constitutional Court. However, this system is not perfect, which is evidenced by the fact of non-execution of individual court decisions. Therefore, the issue of continuing the work on improving the existing mechanism for implementing decisions of the body of constitutional jurisdiction, securing it properly at the legislative level, remains urgent. At the same time, the problem of the quality of such execution comes to the fore, for the solution of which it is necessary to develop criteria for the effectiveness of the execution of court decisions, which will allow to assess the quality of the legal acts that are introduced and the work of the responsible entities. Both outlined problems definitely need further thorough scientific research. In addition, according to the authors, it should be noted that the issues of the legal nature of the legal positions of the Constitutional Court of Ukraine and the criteria for the effective implementation of its decisions remain interacting categories and, therefore, require thorough scientific study. At the same time, clarifying the legal force of the Court’s legal positions is complicated by the lack of their legislative definition, by a certain difficulty in understanding the role and place of the body of constitutional jurisdiction in the system of state power. At the same time, the legal positions have a normative and mandatory character, reflected in the acts of the KSU. The need to ensure their immutability follows from the principles of legal certainty and stability of the Constitution. However, the possibility of revising some legal positions in connection with the change in the socio-political structure of the state is gaining relevance.

PREJUDICE AS A MEANS OF PROOF IN CRIMINAL PROCEEDINGS IN UKRAINE: A COMPARATIVE ANALYSIS WITH CONTINENTAL AND COMMON LAW SYSTEMS

Background: During the preparation of the CPC of Ukraine in 2012, the issue of legal regulation regarding the use of prejudice in the process of criminal procedure proof received little scholarly attention. Although much time has passed since then, this subject of discussion remains largely unexplored in textbooks and manuals on criminal procedure published after the adoption of the codified act. Even within the few scholarly investigations dedicated to prejudice in criminal proceedings, a communis opinion doctorum on some issues related to the means of proof has yet to be achieved. This article aims to clarify the concept, formulate its characteristics, uncover the significance of prejudice in Ukraine’s criminal procedure, and distinguish peculiarities of legal regulation and the use of this means of proof in criminal procedure law of countries with continental and general systems of law. Methods: The methodological basis of the article is a dialectical approach to the scientific understanding of social phenomena. In writing this article, general scientific and specialised legal methods of cognition were also used, including analysis, generalisation, structural and functional methods, hermeneutic methods, doctrinal or specialised legal methods, and comparative legal methods. Results and conclusions: It has been found that prejudicial significance is attributed to legal acts that summarise the outcome of criminal procedural activities in specific criminal proceedings. These legal acts include final judgments and rulings of the court and unrevoked decisions of the interrogator, investigator, detective, and prosecutor. Prejudice encompasses not only relevant facts and circumstances but also legal conclusions regarding them. The principleof free evaluation of proof allows the parties to come to different legal conclusions than those made in the previous criminal proceedings, with proper argumentation of their legal position. The use of prejudice in criminal proceedings of civil law jurisdictions is based on the doctrine of res judicata, while in common law systems, it is based on the doctrine of collateral estoppel. Examples from the criminal procedure of Poland, Greece, Italy, and the USA illustrate the specific features of using this means of proof.

The principle mutatis mutandis as an tool for changing judicial practice beyond the limits of reasonable discretion

The article is devoted to the analysis of the validity of changes in the practice of the Grand Chamber of the Supreme Court, which should be considered as a deviation from previously formulated legal positions regarding the effective way of protecting the law, using the mutatis mutandis principle. It is emphasized that scientists have the right to carry out a critical analysis of judicial practice in the context of its compliance/non-compliance with the doctrine. A distinction was drawn between the right to interpret laws by the court and the exercise of discretionary powers, in which the degree of discretion is assessed as unreasonable and excessive; the use of used lecture structures is argued. Attention is focused on the inadmissibility of the practical implementation of individual, arbitrarily selected elements of the scientific debate into judicial practice, in particular, concerning the principle of stare decisis and the justification with its help of the right to judicial rule-making - in the form of a precedent that de facto already exists in practice and is recognized by theory, but, being called precedent, is not identical with classical English precedent. The analysis was carried out according to three vectors corresponding to different periods and appropriated standards of judicial practice. The first is a change in the position from “a mistake in choosing an effective method of defense as an independent reason for refusing a claim” to “a refusal to resolve a dispute due to the ineffectiveness of the method of defense chosen by the plaintiff can actually be considered as a limitation of the right to access to court.” The second is the introduction of a flexible approach to understanding the principle of dispositiveness and moving away from an overly formal assessment of the “proper claim”, which “cannot be considered by the courts as an improper method of protection”. The third already marks the conclusion “about the interpretation” of the claim, mutatis mutandis - for the purpose of full protection of the right in one process. The conclusion states that the interpretation (interpreting) of the claim contradicts the principle of dispositiveness, and its flexible interpretation in favor of such an interpretation will violate the right of the other party, who will not be able to predict the result of such an interpretation when constructing and proving its own position. Courts’ excessive fascination with innovations - with the usurpation of the right to rulemaking and departure from the doctrine - is unlikely to contribute to justice. This is indirectly indicated by frequent deviations from previous legal positions, which do not contribute to legal certainty.

DISSENTING OPINION: A DIFFICULT PATH TO FINDING THE TRUTH (BASED ON THE EXAMPLE OF UKRAINIAN JUDGES' INTERPRETATION OF CRIMINAL PROCEDURAL LAW)

The article is devoted to the issue of the dissenting opinion of a judge, which is relevant to modern law enforcement practice and legal theory and which may be expressed when a judge who participated in a collegial consideration of a case does not agree with the position of the majority of the panel of judges. The authors analyse the existing approaches to the institution of dissenting opinions in different legal systems, the factors that negatively affect the existence of dissenting opinions in the justice system, provide examples of dissenting opinions of Ukrainian judges expressed in different jurisdictions, their significance for law enforcement practice and the public outcry they caused. It addresses the procedural issues that may potentially arise during the judicial proceedings and the formation of a dissenting opinion of a judge. The authors conclude that the institution of dissenting opinion is of undoubted value for justice and the authority of the court in the State and emphasise that the specifics of the text of a judge's dissenting opinion against the background of lapidary normative regulation by the rules of procedural law may indicate the genre independence of the content of a dissenting opinion in judicial discourse as compared to a court decision. The authors propose the concept of dissenting opinion, by which they mean an official legal position of a judge which is formed during collegial consideration of a case as a result of an internal conviction which does not coincide (partially does not coincide) with the position of the majority of judges in terms of reasoning or final conclusion, and which is formalised in a procedural document which is an act of competent (professional) and doctrinal judicial casual interpretation. In addition, the authors present synthesised features which characterise a judge's legal opinion as a dissenting opinion, including the statement that it is undoubtedly a phenomenon of a democratic society; it has the features of an institution of law, albeit with lapidary normative regulation; it is issued by a judge within his/her competence as a result of judicial discretion and inner conviction; has a prognostic and forward-looking character, since it sometimes serves as a means of overcoming outdated views that impede progressive legal development, evolution of sustainable approaches, and as a basis for the formation of a new legal position, which in the future may be transformed into a majority position and become a sustainable practice; besides, it is derivative, optional, as it is not binding, unlike a court decision, and is not an act of justice, as it is not issued in the name of the state and is not a mandatory part of a court decision.

Good conscience of the debtor in the bankruptcy procedure: legal and moral and psychological dimension

At the current stage, the issue of bankruptcy of legal entities has been thoroughly worked out, has clearly defined and justified legal and economic mechanisms, works effectively not only in the world, but also in Ukraine. However, the issue of bankruptcy of individuals remains unresolved. The main problem is the ethical and psychological aspect of the bankruptcy procedure of an individual. Here there is a conflict of interests between the protection of the rights and freedoms of an individual as a citizen and the protection of the rights and interests of creditors. The article examines the good faith of the debtor in the bankruptcy procedure, focusing on legal and moral and psychological dimensions. The bankruptcy procedure is a complex process that affects both the legal position of the debtor and his psychological state. The good faith of the debtor is defined as a key principle that ensures the fairness and efficiency of bankruptcy procedures. The legislative framework that regulates the good faith of the debtor in Ukraine is analyzed, in particular the requirements for the behavior of the debtor at various stages of bankruptcy. The legal consequences of unscrupulous behavior are considered, such as the possibility of bankruptcy rejection or the imposition of additional sanctions. The moral and psychological dimension of good faith includes ethical norms and principles that influence the debtor’s decisions and his interaction with creditors and other interested parties. The psychological pressure experienced by the debtor during the bankruptcy procedure can affect his ability to act in good faith, so it is important to take this aspect into account when evaluating his behavior. The article also explores the socio-psychological consequences of bankruptcy, such as stigmatization and loss of reputation, which can affect the debtor’s integrity. Proposals are made to improve legislation to ensure greater transparency and fairness in bankruptcy procedures, as well as recommendations to support debtors on a psychological level. The changes proposed by the authors of the article will contribute to increasing the level of good faith of debtors, ensuring a fair and humane approach to solving bankruptcy problems.

Problems of legal regulation of requisitioned property of business entities

Problems of legal regulation of requisitioned property of business entities. The article focuses on the problematic aspects of the practical side of property requisition from business entities. The authors define the legal grounds for the procedure of alienation of selected objects. According to the current legislation, the author outlines the rights of the owner and possible alternatives for obtaining compensation in monetary equivalent, property in exchange for similar functional purposes or return of the alienated property. The list of entities of state authorities and local self-government bodies which are authorized to make decisions on the alienation of property for defense needs is specified. The authors analyse the moment when requisitioned property becomes the property of the State and consider the expediency of real estate appraisal of alienated property in terms of mandatory, timely and objective assessment in proportion to the real market value. Based on the research conducted, in particular, the analysis of court practice, authors provide the grounds for owners of requisitioned property to apply to courts to protect their violated rights and legal interests. Among them: making a decision on requisitioning by an entity that did not have legal grounds for it, in particular, this applies to local military administrations. It is noted that at the stage of applying to court, the problem of determining the jurisdiction of the dispute arises, since there is both an element of a public law dispute (appeal against actions or inaction of public authorities) and a private law aspect (the dispute concerns property owned by a business entity). Authors focus on the fact that in the context of the introduction of the legal status of martial law, it is imperatively determined that only the military command is authorized to make decisions on the requisition of certain property. Specific features of making relevant decisions (orders, instructions), which certainly depends on the territory where such property is located are considered. The research analyzes the legal positions of the Supreme Court regarding the jurisdiction of these disputes and proposes to define the relevant rules at the legislative level, inter alia, by the legal status of the owner of the requisitioned property.