Task Force for consideration of compulsory alienation of property in connection with the introduction of martial law, which includes military command, empowered to make decisions on compulsory alienation/seizure of property - SC GC

The Task Force for the consideration of issues of expropriation or seizure of property in connection with the introduction and implementation of martial law measures, established by order of the military administration, which includes the military command, is a specially authorised collective body empowered in accordance with the Law of Ukraine ‘On the Transfer, Expropriation or Seizure of Property under the Legal Regime of Martial Law or a State of Emergency’ to make decisions on the expropriation / seizure of property under the legal regime of martial law.

The Grand Chamber of the Supreme Court drew attention to these conclusions.

In the case under review, in July 2022, the task force for consideration of issues of expropriation or seizure of property in connection with the introduction of martial law measures drew up an act of expropriation of the car belonging to the plaintiff in favour of the military unit.

The plaintiff, as the owner of the requisitioned vehicle, filed a lawsuit to return the vehicle.

The court of appeal partially upheld the claim, reasoning that the compulsory alienation of the vehicle was premature, as the task force may consider the alienation of a vehicle driven by a drunk driver, which was not the case in this instance.

As a result of consideration of the case, the Grand Chamber of the Supreme Court concluded that the plaintiff's car was alienated in compliance with the requirements of Ukrainian legislation by an authorised body, so there were no grounds to oblige the military unit to return the car to its former owner.

The working group, established by Order No. 97 of the Cherkasy Regional Military Administration of 4 March 2022, includes, inter alia, the Head of the Cherkasy Regional Headquarters, the Head of the Territorial Recruitment and Social Support Centre, and the commander of the military unit. According to the law, these persons are among the entities that are obliged to jointly introduce and implement measures of the martial law regime.

In addition, the owner's representative was informed of the contents of the act. A copy of the act was also sent to the owner of the vehicle.

The Grand Chamber of the Supreme Court noted that the plaintiff had chosen an inappropriate (ineffective) method of judicial protection, having filed, in particular, claims for the recognition as unlawful and cancellation of the protocol decision of the task force, the act of expropriation of property and the letter from the head of the regional military administration approving the protocol decision on the expropriation of the disputed property. In addition, the plaintiff's claim to oblige the military unit to return the car and its keys to her as the owner is also an inappropriate remedy, as the car has been re-registered and is now owned by the state and, accordingly, used by a military unit of the Armed Forces of Ukraine.

Resolution of the Grand Chamber of the Supreme Court of 23 October 2024 in case No. 712/3525/23 (proceedings No. 14-75цс24) - https://reyestr.court.gov.ua/Review/123313995.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.