Due to martial law in Ukraine, the issue of mobilization concerns not only citizens, but also property, in particular vehicles. And here the questions arise: can a car be mobilized, on what grounds, and what rights and obligations both property owners and state authorities have.
What is vehicle mobilization?
According to the Law of Ukraine "On Mobilization Training and Mobilization", during a special period, in particular martial law, mobilization of equipment — both individuals and legal entities — may be carried out for the needs of the Armed Forces of Ukraine and other formations. Such mobilization is part of the military transport duty of citizens and enterprises. Article 6 of the Law of Ukraine "On Mobilization Training and Mobilization" stipulates that the procedure for fulfilling the military transport duty, the norms of free recruitment, withdrawal and forced alienation of vehicles and equipment for the period of mobilization and in wartime are determined by the Cabinet of Ministers of Ukraine. Thus, the procedure for implementing this duty is regulated in detail by the Regulation on military transport duty, approved by a resolution of the Cabinet of Ministers of Ukraine.
Who should perform military transport duty?
Military transport duty is assigned to:
- enterprises, institutions and organizations;
- citizens of Ukraine - individuals who are owners of vehicles Note: if an individual owns only one vehicle, it cannot be transferred for the needs of the Armed Forces of Ukraine. In this case, the property of a specific owner is taken into account, not the entire family.
On what grounds can cars be mobilized?
The transfer of vehicles for the needs of the army during mobilization does not occur randomly, but according to clearly defined rules. The Armed Forces of Ukraine submit a corresponding application, after which in individual regions a mobilization order is formed on its basis to meet the needs of the army in vehicles. The corresponding decision on the mobilization of cars is made by local state administrations upon submission of the territorial recruitment and social support centers (TCK and SP). In peacetime, enterprises, institutions and organizations receive the corresponding consolidated orders (i.e. official notifications) through the TCK. And during mobilization, these orders become “partial orders” that are handed over to both enterprises and citizens who own cars.
Even in peacetime, to prepare equipment for mobilization, military formations may once a year engage enterprise transport for training or exercises. This is done on a contractual basis, exclusively with legal entities. Citizen transport is not used for such purposes.
In this context, it is important to understand that the only basis for the transfer of a vehicle is an official order of the local state administration. No other bodies or documents adopted/issued by them can serve as a legal basis for the mobilization of a car. This means that the CCC and the SP do not have the right, independently or together with other structures, in particular the General Staff of the Armed Forces of Ukraine, to make a decision to seize a vehicle - without a corresponding order of the administration.
A separate category is made up of enterprises, institutions and organizations that perform mobilization tasks if there is a contract concluded with the Ministry of Defense, as well as on the condition that their vehicles and equipment are involved in the production process of performing mobilization tasks. In this regard, mobilization of their vehicles may not be carried out. Enterprises, institutions and organizations that have a high social need, and public sector banks may also be exempted from transferring vehicles and equipment to military formations during mobilization.
What vehicles can be mobilized?
As Fedir Venislavsky, a member of the Verkhovna Rada of Ukraine Committee on National Security, Defense and Intelligence, noted in the media, in practice, the mobilization of transport mainly concerns specialized vehicles - in particular, trucks that can transport ammunition, personnel or work in difficult conditions. This does not apply to private cars of citizens. At the same time, the legislation does not contain a direct ban on the involvement of such cars, therefore, from a formal point of view, the possibility of their mobilization is not excluded.
It should also be borne in mind that not all vehicles can be mobilized.
Vehicles that are leased (leased), as well as those that were provided as collateral to fulfill obligations under credit agreements or guarantee agreements with banking institutions, are not subject to mobilization.
In particular, vehicles that are the subject of collateral as a fulfillment of obligations under loan agreements and guarantees to a banking institution are not subject to mobilization. However, in the case of transferring vehicles as collateral, it is necessary to notify the CCC and the SP on whose military registration the vehicle and equipment are located within seven days. Failure to notify the CCC and SP provides for administrative liability.
We note that in accordance with the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration", which entered into force on May 18, 2024, it is currently prohibited to send vehicles intended for replenishment of the Armed Forces of Ukraine outside the territory of Ukraine and to other regions, transfer ownership rights to legal entities or citizens, rent (lease), provide as collateral for the fulfillment of obligations under loan agreements and guarantees to a banking institution, as well as take other actions that make it impossible to transfer vehicles to the Armed Forces of Ukraine and other military formations.
Do they return the car after mobilization?
The legislation stipulates that mobilized vehicles must be returned to their owners within 30 days from the date of the announcement of demobilization. In the event of loss or destruction of equipment, the owner is guaranteed the right to compensation, which is determined based on the market value of the vehicle. If compensation is not provided or its amount is unreasonably low, the owner has the right to go to court to protect his interests.
Compensation procedure
Enterprises have the right to compensation for damage caused to vehicles and equipment as a result of their involvement during mobilization.
In the event that a vehicle or equipment is destroyed as a result of involvement during mobilization, its owner is compensated for property damage determined based on the results of an independent assessment conducted in accordance with the legislation on property valuation, property rights, and professional appraisal activities, on the date of such assessment.
Compensation for property damage is carried out at the expense of the state budget within five years after the announcement of demobilization.
Is there liability for failure to fulfill military transport duty?
The Code of Ukraine on Administrative Offenses provides for liability for violation of legislation on defense, mobilization training and mobilization. Thus, violation of Article 210-1 of the Code of Administrative Offenses entails the imposition of a fine in the amount of 34,000 to 59,500 UAH for legal entities and 17,000 to 25,500 UAH for individuals.
Can I appeal the mobilization of a car?
Yes. In case of disagreement with the decision on mobilization, a citizen or enterprise has the right to appeal the decision to an administrative court.
Conclusions
Mobilization of vehicles is a legally prescribed and clearly regulated mechanism aimed at strengthening the state's defense capability in martial law. At the same time, the state is obliged to guarantee the rights of vehicle owners, provide fair compensation for their seizure, and follow a transparent and lawful procedure.
However, unfortunately, practice shows that in some cases mobilization is carried out in violation of legal requirements, in particular, ignoring the rights of vehicle owners.
In this regard, to protect violated rights in the event of unlawful mobilization of equipment, without which in most situations effective conduct of business is impossible, as well as to minimize the risks of being held administratively liable, please contact our company's lawyers for legal assistance. We will provide professional explanations, help you properly prepare documents, and defend your rights.
