Property rights in martial law

The right to property is one of the fundamental human rights, guaranteed by both national legislation and international regulatory legal acts. In conditions of martial law or a state of emergency, certain restrictions on the rights and freedoms of a person and a citizen may be established, indicating the period of validity of these restrictions. The Constitution of Ukraine and other regulatory acts allow for the possibility of restricting the right to property in the interests of national security, which necessitates the need to determine the balance between the private interest of the owner and the public interest of the state. During the legal regime of martial law, this balance of interests plays an important role and affects the procedure for the owner to exercise the powers granted to him and the exercise of the right to property. The right to property is inviolable. No one may be unlawfully deprived of this right or restricted in its exercise. A person may be deprived of the right to property or restricted in its exercise only in cases and in accordance with the procedure established by law. Although international law is designed to protect human rights, including the right to property, it nevertheless allows for certain restrictions. Thus, Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms stipulates that every natural or legal person has the right to peaceful possession of his property. No one may be deprived of his property except in the interests of society and on the conditions provided for by law and the general principles of international law. The right to property in times of martial law is subject to significant influence from the side of the state, which is due to the needs of national security and defense. Restrictions on the right to property must be clearly regulated by law. This necessitates the need to adapt civil legislation to the operation of the legal regime of martial law, including the creation of compensation mechanisms and simplification of procedures for the protection of property rights. Requisition of property in times of war must be clearly regulated, have a justified and temporary nature, and be accompanied by fair compensation. Therefore, it is advisable to develop a single methodology for assessing property subject to compulsory alienation and establish clear deadlines for full compensation for its value.