Age of Human Rights Journal (May 2023)
The Right to Private Property under Martial Law in Ukraine
Abstract
In Ukraine, the inviolability of the right to private property is guaranteed by the Constitution. However, under martial law, introduced in Ukraine as a result of aggression by the Russian Federation, restrictions on private property rights and even forced alienation of property for the needs of the state are allowed. This paper aims to determine the peculiarities of the legal regulation of private property relations under the legislation of Ukraine and to study the reasons for limiting property rights under martial law in Ukraine. Furthermore, it looks into the mechanisms for restoring property rights and issues in the field of implementation and protection of property rights under martial law. Such cases of restriction of private property rights as forced alienation of property and impossibility of disposal of property under martial law are being highlighted. The article also analyzes the problems of compensation for damage caused to property in terms of the war.
