What Is Requisition?

Since February 24, 2022, Ukraine has been living in conditions of war. During martial law, the state may forcibly confiscate property from citizens for public needs in the manner prescribed by law. This is called requisition. Let’s try to figure out what the features of this process are.

Property cannot be taken away just like that. It must be really needed, for example, to protect citizens, defend the city, or prevent the spread of the epidemic.

Under martial law, the state can confiscate real estate (apartments, houses, land plots, etc.), cars and other vehicles, individually identified property (mobile phone, laptop, watch, etc.). Money, food, fuel, construction materials, etc. are not subject to alienation.

Both companies and individuals have the right to full reimbursement of the value of alienated property from the national budget.

Everything can be compensated both before and after the alienation. However, post-compensation is used only if preliminary reimbursement is not possible. Only in case of impossibility of preliminary reimbursement is the post-reimbursement applied.

Algorithm of forced alienation of private property:

1. Decision-making.

Under martial law, the decision on forced alienation is made by the military command in agreement with the local state administration or the executive body of the relevant local council. In localities, where hostilities are taking place, approval is not required.

2. Assessment of property.

After the decision on forced alienation is made, the property must be assessed. The assessment should be performed by a professional appraiser. However, if they cannot be engaged, the property may be assessed by a public authority or local government in agreement with its owner. The assessment is carried out exclusively at the expense of the national budget.

3. Preliminary reimbursement of property value (optional).

The state must reimburse in full the value of the property, and its owner must receive compensation before signing the act of alienation. If this is not possible, reimbursement is made after the abolition of martial law.

4. Execution and signing of the act.

To confirm the fact of forced alienation of property, a relevant act is drawn up, which must contain:

• the name of the military command and the body that made (approved) the decision on alienation;
• information about the owner of the property;
• information on the document establishing the ownership of the property (if any);
• description of the property, sufficient for its identification (for real estate — location, for movable property — vehicle registration number, brand, model, chassis number, year of manufacture, and other registration data);
• the amount of funds paid (in the case of preliminary full reimbursement of the property value).

Important: a document with a conclusion on the value of such property must be attached to the act of compulsory alienation of property.

The act shall be signed by the owner of the property or their legal representative and the authorized persons of the military command and the body that approved the decision on the compulsory alienation of the property, and shall be sealed. The act can be drawn up without the participation of the owner.

A copy of the act and a document containing a conclusion on the value of the property are handed over against a receipt to the person from whom the property is alienated, and if the person is absent — provided to them for review.

From the date of signing the act, the confiscated property becomes the property of the state.

5. Receiving compensation for confiscated property.

After the abolition of martial law, citizens can receive monetary compensation for confiscated property. To do this, you must apply to the territorial center of recruiting and social support (military registration and enlistment office) at the place of alienation of property.

Within 10 days from the date of submission of the application, the conclusion on the payment is issued. Compensation can be paid within five years. The procedure for reviewing applications and making payments can be found in more detail in the resolution of the Cabinet of Ministers of Ukraine.

Is returning forcibly alienated property an option?

Yes, but there are nuances. If, after the abolition of martial law, the confiscated property is preserved, the former owner can return it only through the court. And in the case of return of property, the person must return compensation with a reasonable fee deduction for the use of this property.

The law also provides for the possibility of obtaining other property in exchange, if possible. However, the law does not regulate the procedure for obtaining property in this way.

What are the features of the requisition of municipal property under martial law?

Not only private but also municipal property is subject to forced alienation. It is transferred to national ownership free of charge. Such transfer is carried out by the decision of the local council. If under certain circumstances it cannot make a decision, it is made by the mayor of a village, settlement, city. If they are also unable to make a decision, the property is forcibly alienated by decision of the military command.

What to do if you undergo a requisition?

1. Make sure there is martial law or state of emergency in Ukraine or in the area where your property is located.
2. Find out if the person who appeared for the forced alienation of property is authorized to sign the act. To do this, ask for a decision on the forcible alienation of your property and documents proving the authority of this person.
3. Check:

• whether the property specified in the act is subject to forced alienation;
• whether the act is filled in correctly *;
• whether a document with an opinion on the value of the property is attached to the act;
• whether you received the funds in the case of a preliminary full reimbursement of the value of the property.

* the act is drawn up according to the uniform sample approved by the Cabinet of Ministers of Ukraine

1. Do not agree to property appraisal or other paperwork at your own expense.
2. If you do not agree with the content of the act or the established value of the property, or found other deficiencies, make a note about it in the act. Require that the act be brought into line with the law. If you are denied, this can be contested in court.
3. It is better to be present at the drawing up of the act of compulsory alienation in order to receive a copy of it and a document containing a conclusion on the value of the property. However, your absence is not an obstacle for drawing up an act.
4. Make sure that the confiscated property, such as an apartment, does not contain money, jewelry, or other valuables. Their cost is not reimbursed, so you will not be able to demand their return.

In conditions of war, one should be useful to the state, but one should not forget about one’s rights. If any of these rules are violated during the requisition, the authorities will be held liable.