PROTECTION OF PROPERTY SUBJECTIVE RIGHTS AND INTERESTS IN THE CONDITIONS OF ALIENATION OF A VEHICLE DURING THE TIME OF MILITARY STATE REGIME

Abstract

The scientific article deals with the problems of implementation of procedures for the implementation and protection of human property rights in a state of martial law. Attention is focused on the need to achieve a balance between the public interest of society, which consists in promoting the defense of the country and its defense, and private interest, understood as the right of ownership and other property rights of a person to use her property. The purpose of the scientific article is to characterize the features of protecting the property rights and interests of an individual in the event of the alienation of a vehicle under the conditions of the martial law regime. It was determined that after the abolition of the legal regime of martial law, persons from whom property was alienated have the right to return such property or to reimburse the cost of such property in the manner prescribed by law. It is emphasized that the payment of full compensation is made by the bodies that have made a decision on the expropriation of property in the order of the order in which conclusions are drawn up at the expense and within the limits of the funds provided in the state budget for the payment of subsequent full compensation for property expropriated under the legal regime of military or emergency. states. It is noted that if, after the abolition of the legal regime of martial law or a state of emergency, the property that was forcibly alienated is preserved, and the former owner or a person authorized by him insists on the return of the property, such a return is carried out in court. It is concluded that the basis for the return of property is a court decision that has entered into force. It is noted that in order to fully protect the property rights of the owners of vehicles in which the respective vehicles were alienated, it is recommended to make an assessment of the cost of the car in advance and correctly draw up an act on the forced seizure / alienation of property, while a copy of the act and the assessment of the vehicle must be attributed to the appropriate and the required evidence base when resolving a dispute in court. It is emphasized that persons guilty of violating the legislation on compensation for the cost of forcibly alienated property and on the return of preserved forcibly alienated property are liable in accordance with the current legislation of Ukraine.