Forced alienation or confiscation of property during martial law: how to receive compensation.


When martial law is declared in Ukraine, the state has the right to forcibly seize property from citizens. This can restrict their rights, particularly property rights. The Ministry of Justice explains that there are legal ways for owners to receive compensation in such cases.
What is forced alienation and confiscation of property
Typically, property rights are inviolable, but during martial law, the state can confiscate property from owners provided that the value is returned and only for socially necessary reasons.
The Ukrainian law defines the actions of the state concerning property under martial law.
Who has the right to forcibly alienate property
Decisions regarding the confiscation of property are made by the military command in conjunction with local authorities. In combat zones, such decisions can be made without the consent of the owners. The act of alienation of property must be signed by the owner or their representative.
How to receive compensation
Money for forcibly confiscated property is paid from the state budget. To receive compensation, former owners must submit an application and necessary documents to the relevant center. If the property is preserved, the owner can go to court to demand its return while compensating for damages from the state.
During the declaration of martial law in Ukraine, the state can forcibly confiscate property from citizens for socially necessary reasons; however, owners have legal avenues to receive compensation for the lost property.Read also
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