The procedure for the seizure of enterprise equipment during mobilization and under martial law. Comparative analysis (+ template of the act of acceptance and transfer of vehicles and equipment)

to meet the needs of the Armed Forces, other military formations formed in accordance with the laws, as well as law enforcement agencies for special purposes, the State Special Communications Service and the State Special Transport Service (hereinafter referred to as military formations) for a special period with vehicles and equipment of all types and brands of domestic and foreign production (paragraph 1 clause 1 of Regulation No. 1921) for the needs of mobilization

central executive authorities, other state bodies, local state administrations, local governments, enterprises, institutions and organizations, regardless of the form of ownership, as well as citizens - owners of vehicles (paragraph 2, clause 1 of Regulation No. 1921) 

legal entities and individuals (preamble of the Law of Ukraine "On the transfer, expropriation or seizure of property under the legal regime of martial law or a state of emergency") 

who decides/manages the seizure

what documents are the basis for extraction

On the ground, mobilization is provided by local authorities. According to Art. 17 of the Law of Ukraine “On mobilization training and mobilization”, it is these bodies that manage mobilization training in the relevant territory and control the mobilization readiness of the enterprises they attract, and it is they who prove the order on the fulfillment of mobilization tasks (orders) to enterprises, institutions and organizations that they involve in the implementation of mobilization assignments (orders), and conclude agreements (contracts) with them. as part of special formations that are transferred to the composition of military formations during mobilization (clause 3 of Regulation No. 1921).

The tasks of preparing for the transfer and transfer of vehicles and equipment by military formations are established by orders of local state administrations on the presentation of their centers of recruitment and social support and are reported: heads of enterprises, institutions and organizations in peacetime - through territorial centers of recruitment and social support by presenting the relevant consolidated orders ; heads of enterprises, institutions and organizations during mobilization - through the territorial centers of recruitment and social support by presenting the relevant partial orders; citizens - owners of vehicles during mobilization in the event of the introduction of the legal regime of martial law - through the territorial centers of recruitment and social support by handing over partial orders. (clause 10 of Regulation No. 1921).

The enterprise must receive a partial order from local executive authorities (providing mobilization, military commissariat) indicating specific vehicles, points of their transfer and terms of transfer. Such outfits are prepared on the basis of an appropriate task, which must comply with the mobilization training plan of a particular administrative-territorial unit.

Compulsory alienation or seizure of property in connection with the introduction and enforcement of measures of the legal regime of martial law is carried out by decision of the military command, agreed in accordance with the Council of Ministers of the Autonomous Republic of Crimea, the regional, district, Kyiv or Sevastopol city state administration or the executive body of the corresponding local council.

In areas where hostilities are taking place, the expropriation or seizure of property is carried out by decision of the military command without the consent of the bodies specified in part one of this article.

(Article 4 of the Law of Ukraine "On the transfer, expropriation or seizure of property under the legal regime of a state of emergency").

During mobilization, enterprises, institutions and organizations may be exempted from the transfer of vehicles and equipment by military formations in connection with the fulfillment of the established mobilization tasks by them if there is an agreement concluded with the Ministry of Defense for the performance of mobilization tasks, and also provided that their vehicles and equipment are involved in the production process of performing mobilization tasks. From the transfer of vehicles and equipment by military units during mobilization, enterprises, institutions and organizations in which there is a high public need, and public sector banks may also be exempted. At the same time, the list of enterprises, institutions and organizations that have a high public need is approved by the Cabinet of Ministers of Ukraine on the proposal of the Ministry of Defense (paragraph 4, clause 1 of Regulation No. 1921).

From the analysis of clause 16 of Regulation No. 1921, it follows that it is impossible to transfer vehicles in case of sending vehicles and equipment to other regions or outside the territory of Ukraine for a long time, transferring ownership of vehicles and equipment to other legal entities or citizens, for a long-term lease ( leasing), as well as if a vehicle or equipment is the subject of a pledge as a fulfillment of an obligation under agreements on the provision of a loan and a guarantee to a banking institution, and in other cases when it becomes impossible to transfer vehicles and equipment to a military formation. In this case, the heads of enterprises, institutions and organizations, whose vehicles and equipment are intended to meet the needs of military formations for a special period, are obliged to inform the territorial centers of recruitment and social support, on whose military records vehicles and equipment are located, within seven days.

free of charge (clause 3 of Regulation No. 1921)

with advance full reimbursement of its cost

followed by a full refund

without compensation for the value of such property

(Article 3 of the Law of Ukraine "On the transfer, expropriation or seizure of property under the legal regime of martial law or a state of emergency").

Enterprises have the right to carry out, together with representatives of territorial recruitment and social support centers and military formations, the selection of vehicles and equipment by type and brand, technical condition in accordance with the provided summary or partial orders. Therefore, we can insist on revising the list, taking into account the needs of the enterprise. To do this, you need to contact the military commissariat and find out exactly what task our enterprise has and ask in writing to revise the outfit, taking into account the activities of our enterprise.

Vehicles are transferred under the act of acceptance and transfer (clause 19 of Regulation No. 1921, Appendix 4, Appendix 5 of Regulation No. 1921)

The enterprises ensure the delivery and transfer to military formations within the established time limits at certain points of transfer of vehicles and equipment in a technically sound condition, i.e. on their own (clause 14 of Regulation No. 1921). 

An act is drawn up on the compulsory alienation or seizure of property. The form of the act of expropriation or seizure of property is produced according to a single model approved by the Cabinet of Ministers of Ukraine. All mandatory data specified in the act are specified in Art. 7 of the Law of Ukraine On the transfer, expropriation or seizure of property under the legal regime of martial law or a state of emergency".

In case of forced alienation of property, a document is attached to the act containing a conclusion on the value of the property as of the date of its assessment, which was carried out in connection with the adoption of a decision on its forced alienation (part 4 of article 7 of the Law of Ukraine "On the transfer, expropriation or seizure of property under conditions legal regime of martial law or state of emergency").

The return of transport is carried out within 30 and is carried out within 30 calendar days from the moment of the announcement of demobilization on the basis of the act of return (Appendix 6, Appendix 7 to Regulation No. 1921). To do this, the head of the enterprise applies to the territorial center for recruitment and social support at the place of attraction with a corresponding application. And after that, the commanders (chiefs) of military units ensure the timely delivery of vehicles and equipment to certain points of return.

The return is carried out on the basis of a return certificate (attached) and an expert opinion (expert study) or a property valuation report (property valuation report) is attached to the report on the return of vehicles and equipment.

If, after the abolition of the legal regime of martial law or a state of emergency, the property that was forcibly alienated has been preserved, and the former owner or a person authorized by him insists on the return of the property, such return is carried out in court.

The basis for the return of property is a court decision that has entered into force.

In the event of the return of property to a person, the right of ownership to this property is renewed. At the same time, the person undertakes to return the amount of money received by him in connection with the alienation of property, minus a reasonable fee for the use of this property.

The former owner of property that has been expropriated by force may demand that other property be provided in return, if possible.

(Article 12 of the Law of Ukraine "On the transfer, expropriation or seizure of property under the legal regime of martial law or a state of emergency").