Settlement of disputes concerning the requisition of property for military needs falls within the jurisdiction of the general courts - Civil Cassation Court of the Supreme Court

The claims of the vehicle owner for the annulment and cancellation of the act of compulsory alienation of the vehicle under martial law and for the recovery of the vehicle from the military unit are subject to consideration in civil proceedings. 

The legislator has established the competence of administrative courts to consider cases of expropriation of land and other real estate located thereon for reasons of public necessity (Articles 350 and 351 of the Civil Code of Ukraine). The current legislation makes no reference to administrative procedures for resolving disputes over requisitions.

In the case, which was reviewed by the Supreme Court as a panel of judges of the Second Judicial Chamber of the Civil Cassation Court, the plaintiff sought the annulment and reversal of the act of forcible confiscation of a car, the recovery of the confiscated vehicle from the military unit of the National Guard of Ukraine and its transfer to him.

The court of first instance considered the case and dismissed the claim. The court of appeal overturned the judgment, closed the case and told the plaintiff that he could bring an administrative claim before the court of first instance.

Courts consider cases arising from civil, land, labour, family, housing and other legal relations in civil proceedings, with the exception of cases considered in other proceedings (part 1 of Article 19 of the Civil Procedure Code of Ukraine).

The Civil Cassation Court of the Supreme Court stated that there are two types of requisition, depending on the grounds for it: requisition under extraordinary circumstances (part 1 of Article 353 of the Civil Code of Ukraine); requisition under martial law or a state of emergency (part 2 of Article 353 of the Civil Code of Ukraine).

Under part 2 of Article 353 of the Civil Code of Ukraine, in the context of martial law or a state of emergency, property may be expropriated from its owner with subsequent full compensation for its value.

The right to demand the return of property is conditioned by the person's status as a "former" owner. With this construction, the legislator creates the conditions for the protection of the interests of private individuals.

The right to file an administrative claim for the compulsory alienation of a land plot and other real estate located thereon for reasons of public necessity is granted to executive authorities and local self-government bodies, which may acquire these objects for public needs in accordance with the law (part 1 of Article 267 of the Code of Administrative Procedure of Ukraine).

The Civil Cassation Court of the Supreme Court noted that the legislator had established the competence of administrative courts to consider cases of expropriation of land and other real estate located thereon for reasons of public necessity (Articles 350 and 351 of the Civil Code of Ukraine). The current legislation makes no reference to administrative procedures for resolving disputes over requisitions.

The subject-matter of the dispute in the present case is an appeal against the decision and act on the compulsory alienation of the plaintiff's vehicle and, therefore, the dispute between the parties in this case concerns the plaintiff's property rights and is of a private law nature. The disputed legal relations arose as a result of a decision on the expropriation of property, which, in the plaintiff's view, violated his rights, and therefore the plaintiff had to protect his civil right, and therefore he rightfully brought an action in civil proceedings.

Therefore, the court of appeal made an erroneous conclusion that the dispute was within the administrative jurisdiction and that there were grounds to close the proceedings.

The Resolution of the Supreme Court of 13 September 2023 in case No. 707/1298/22 (proceedings No. 61-4120св23) - https://reyestr.court.gov.ua/Review/113560656.

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