PROBLEMS OF PROTECTION OF PROPERTY RIGHTS OF FOREIGNERS IN THE CONDITIONS OF MARTIAL LAW IN UKRAINE

Abstract

The article examines the issue of protection of property rights of foreigners under martial law, analyzes the main legislative provisions regulating this issue, as well as international regulations.

To date, the issue of property rights in the conditions of martial law in Ukraine is decisive and quite relevant. Considering the special regime established on the territory of our state, it is important to determine the mechanism of transfer, forced alienation or seizure of property from legal entities and individuals for the needs of the state under the legal regime of martial law.

It has been established that foreigners are subject to the national regime in matters of property rights. Citizens of foreign countries enjoy the same rights and freedoms, and bear the same obligations as citizens of Ukraine, with exceptions established by the Constitution, laws or international treaties of Ukraine. A small number of differences between the norms of wartime and peacetime were noted. On the basis of the conducted research, it was established that the legislation provides for the limitation of property rights under martial law, but under certain procedural conditions. It was determined that such conditions are the adoption of the relevant decision exclusively by the court; legality, reasonableness and motivation of such a decision; strict observance of the procedure for the implementation of procedural actions that limit the right of ownership.

The question of the interpretation of the main components of property rights by the European Court of Human Rights, in particular the property rights of foreigners, has been studied. Legislative changes that have taken place since the introduction of martial law are considered in detail.

Separately, the interpretation of the main components of property rights by the European Court of Human Rights was studied in detail, and the legislative changes that took place since the introduction of martial law were examined in more detail.