Problems of Property Rights Protection During Martial Law in Ukraine

Abstract

The article examines the legal regulation of the problem of property rights protection during martial law. The basic conditions, procedures and grounds for compensation for damages caused to individuals and legal entities during martial law are determined. The current legislation of Ukraine is analyzed in the context of protection of property rights and compensation for damages caused to individuals and legal entities during martial law.In the current political conditions, in connection with the invasion of the armed forces of the Russian Federation on the territory of Ukraine, many infrastructure objects were destroyed, and the property of individuals and legal entities was damaged. The issue of protection of property rights and compensation for moral and material damage was particularly acute. Currently, the current legislation that should regulate the resolution of these issues is at the stage of formation. Ukraine is rapidly trying to prepare and implement a set of special laws that will provide a procedure for compensation for damage caused by hostilities during martial law, which will provide for specific legal grounds for compensation for damage caused, the order and procedure of proof. In the future, this will help build a completely new system of property rights protection and compensation for damages, including those caused during hostilities, in Ukraine.It was found that, during the period of the legal regime of martial law, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be limited, and temporary restrictions on the rights and legal the interests of legal entities within the limits and to the extent necessary to ensure the possibility of introducing and implementing measures of the legal regime of martial law.The normative legal acts of Ukraine regulating the protection of property rights and compensation for damages caused to individuals and legal entities during martial law were analyzed, in particular: the Code of Civil Protection, the Resolution of the Cabinet of Ministers "On Approval of the Procedure for Determining Damages and Damages Caused to Ukraine as a Result of the Armed Aggression of the Russian Federation" ", Resolution "On the collection, processing and accounting of information on damaged and destroyed immovable property as a result of hostilities, acts of terrorism, sabotage caused by the military aggression of the Russian Federation", Resolution "On the approval of the Procedure for the inspection of construction objects put into operation", Resolution "On the approval of the Procedure for the implementation of urgent works related to the elimination of the consequences of the armed aggression of the Russian Federation, related to the damage to buildings and structures", and revealed a significant number of shortcomings, in particular, in the grounds, methods of regulation, and the procedure of proof that require their elimination.