Can cars be confiscated for the needs of the army during martial law?
In peacetime, the alienation of private property of civilians is inadmissible and contrary to the Constitution of Ukraine. At the same time, during the period of martial law, some constitutional rights of citizens of Ukraine may be limited, including the right to private property.
But this does not mean that the state can take away the property of citizens at will and at any time. There is a clear procedure for the alienation of private property. Next, let's look at this order.
Who has the right to alienate the property of citizens?
Forced alienation is carried out by decision of the military command in coordination with the regional / district administration or the executive body of the relevant local council. In places where hostilities are taking place, forced alienation is carried out without the consent of the specified authorities.
At the same time, it is worth noting that the military command is the Armed Forces of Ukraine and their units. That is, neither the territorial defense nor the police have the power to alienate the property of citizens.
How is the moment of foreclosure recorded?
During the alienation of property must be formed an act of forced alienation and property valuation. The form of the act on compulsory alienation of property must comply with the established model approved by the resolution of the Cabinet of Ministers of Ukraine of 31.10.2012 № 998.
Note that the act must contain detailed information about the property (vehicle registration number, make, model, chassis number, year of manufacture, etc.), its owner, the name of the military command and the body that approved the alienation.
In addition, the act must be signed by the owner of the property, the military command and the body that approved the alienation, or only the military command in the places of hostilities.
The act must be added conclusion on the value of the alienated property, which can be obtained by conducting an assessment. Assessment of property is usually carried out by independent expert organizations, however, in case of impossibility to involve them - the assessment is carried out by public authorities or local governments in agreement with the property owner.
How to get compensation for alienated property?
Compensation for forcibly expropriated property may be made with prior full reimbursement of its value or with subsequent full compensation.
Preliminary full reimbursement is made by the military command before signing the act of alienation of property. The basis for preliminary reimbursement is a conclusion on the value of the alienated property.
In the case of the next full compensation is appropriate the application is submitted to the military commissariat at the place of alienation of property. The application is accompanied by an act of forced alienation of property and a conclusion on the value of such property.
Based on the results of consideration of the application, the military commissariat draws up and issues an opinion on the payment for the next full compensation. Compensation is provided for the next five budget periods after the abolition of martial law (the budget period is 1 calendar year, ie actually for 5 years)
As we see, the procedure for alienation of property of citizens is clearly defined and regulated. Property cannot be confiscated from a person without following the prescribed procedure.
In the conditions of hostilities, the alienation of property can take place in emergency and emergency conditions. At the same time, in any case, we must not forget about the need to draw up all documents (act and conclusion on the value of property), because without them or in case of errors in their design, the citizen will not be able to receive compensation for forcibly expropriated property.
