PROTECTION OF PROPERTY RIGHTS TO ASSETS REMAINING IN OCCUPIED TERRITORIES

Abstract

The armed aggression against Ukraine and the temporary occupation of part of its territories have led to large-scale violations of private, communal, and state property rights. Property belonging to citizens and legal entities that has remained in the occupied territories faces the risk of unlawful expropriation, destruction, damage, or use without the owners’ consent. Due to restricted access to such territories, the exercise of the rights of possession, use, and disposal of property is significantly impeded, as is the implementation of effective judicial protection mechanisms and the enforcement of court decisions. Additional challenges include the absence of comprehensive damage documentation, evidentiary difficulties, jurisdictional conflicts, and the need to recover damages from the aggressor state.

The purpose of this article is to provide a comprehensive analysis of national and international legal mechanisms for the protection of property rights to assets remaining in temporarily occupied territories, to identify existing gaps in legal regulation, and to formulate practical recommendations for improving legislation and law enforcement practice.

The study employs dialectical, formal-legal, systemic-structural, and comparative-legal research methods. It includes an analysis of the provisions of the Constitution of Ukraine, civil legislation, special laws regulating the legal regime of temporarily occupied territories, as well as the practice of national courts and international institutions. Particular attention is paid to the generalization of judicial practice concerning compensation for damage caused by armed aggression.

The research findings indicate that current Ukrainian legislation formally guarantees the inviolability of property rights even under conditions of occupation; however, the mechanisms for their implementation remain insufficiently effective. Problems were identified in determining the scope of damage, collecting evidence, and ensuring access to justice for persons who have lost control over their property. The possibilities for compensation through national courts, international judicial institutions, and special compensation mechanisms were analyzed. Furthermore, the necessity of establishing a unified state register of damaged and lost property, improving remote evidence procedures, and enhancing the use of international legal instruments to hold the aggressor state accountable was substantiated.

It can be concluded that effective protection of property rights to assets remaining in occupied territories requires a comprehensive approach combining national and international mechanisms. The main proposals include legislatively establishing a simplified procedure for documenting the loss or damage of property, expanding access to electronic justice mechanisms for affected persons, and ensuring the integration of national registers with international compensation mechanisms. It is also proposed to develop a state program for advance compensation of damages with subsequent recourse claims against the aggressor state, and to improve informational and legal support for citizens regarding the protection of their property rights. The implementation of these measures will contribute to strengthening property rights guarantees and restoring the violated rights of persons affected by occupation.