We tell how property can be confiscated in Ukraine during the war, and how to get compensation for it
During martial law, property can be seized in favor of the state / Photo: Getty Images, Collage: Today
During martial law in Ukraine, military administrations may seize property from citizens for their military needs.
What are the grounds for this and how can owners receive compensation? Lawyer Vitaly Zhadobin told Mind about this.
Who and how can seize property
The following documents may be grounds for seizure of property:
- article 41 of the Constitution of Ukraine;
- articles 346, 353 of the Civil Code of Ukraine;
- Article 23 of the Law of Ukraine “On the Legal Regime of Martial Law”;
- Law of Ukraine “On the transfer, expropriation or seizure of property under the legal regime of martial law or state of emergency”;
- Decree of the Cabinet of Ministers of Ukraine “Some issues of full compensation for property forcibly alienated under the legal regime of martial law or state of emergency”.
Consequently, a legal or natural person can be deprived of the right of ownership of certain property. It can be, for example, transport. It is transferred to the ownership of the state and used in a state of war or a state of emergency.
In peaceful territory during martial law, property can only be taken after the agreement of the military command and the executive committee or military administration. However, in the territory where hostilities are taking place, the military command can do it on its own. without further approval.
What procedure should be
If your property is forcibly taken away, then an act must be drawn up, a sample of which was approved by the Cabinet of Ministers. This document contains the following information:
- the name of the military command and the body that agreed on the decision on the expropriation of property;
- information about the owner of this property;
- information about the document establishing the ownership of the property (if any);
- description of the property for identification;
- the amount of funds paid (if the reimbursement is paid in advance).
The act must be signed by both parties, and from that moment the person is no longer the owner.
How to get compensation
Previously, the funds can be reimbursed before the signing of the act at the expense of the state budget. There is also a “postpaid” option.
“Compensation -” post-payment “for forcibly alienated property is carried out within the next five budget periods (years) after the abolition of the legal regime of martial law at the expense of the state budget,” the statement says.
In order to receive full compensation, the former owner must apply to the territorial center for recruitment and social support at the place of alienation of property. This should be done after the lifting of martial law, you need to submit an application, an act signed during the seizure and a document containing a conclusion on the value of the property.
The application can be considered within 10 days, and then the person will receive a conclusion on compensation and payment.
Getting unemployed status is now easier
“Today” was told that the Verkhovna Rada adopted a law on making some changes to the conditions of social insurance for the unemployed.
Now You can apply for a status and receive benefits without visiting an employment center. Segodnya has already been told that you can apply for unemployed status and make payments online through Diyu.
You can get unemployed status undocumented internally displaced persons. The basis for registration and calculation of the amount of unemployment benefits in this case is information from registers and databases of executive authorities.
You can also expect payments people who have not formally terminated employment contracts with employers, but still not working.
The state will not deprive the status of unemployed Ukrainians who are in the occupied territories or in war zones.
However, payments have been reduced. How much the unemployed will now receive, read in our material.
We have already said where employers are ready to take employees to their companies without resumes and pay UAH 20,000. In addition, we wrote that the most vulnerable groups of Ukrainians during martial law can count on another financial assistance. Who can receive it and what amounts are provided, read here.
I have been working in the news industry for over 10 years now and I have worked for some of the biggest news websites in the world. My focus has always been on entertainment news, but I also cover a range of other topics. I am currently an author at Global happenings and I love writing about all things pop-culture related.