Removal of cars for the Armed Forces during the war: the main rules and whether there will be compensation
The already known company on mobilization No. 10449 was considered by MPs and approved in the first reading on February 7. The further fate of the document is to make amendments, after which the project will get to the vote again. According to preliminary estimates, the deputies can approve the document in general at the end of February. "That is, the bill as a whole in the last week of February (22-24.
02), signed in early March, will be adopted in the last week and will come into force in a month, that is, in April," - said MP Yaroslav Zheleznyak. Focus studied the bill No. 10449 to find out what innovations it envisages in the issue of car removal and equipment for the needs of the Armed Forces.
In Ukraine, the issues of seizure of property and business during martial law are regulated by the Law "On Transfer, Forced Alienation or Removal of Property in the Conditions of Legal Regime of Martial Order". But the bill No. 10449 makes some changes to the current rules and regulations. In particular, the changes in the project specify that water transport can be removed.
In addition, the project stipulates that the procedure for performing a military transport duty, the rules of free involvement, withdrawal and compulsory alienation of vehicles and equipment for the period of mobilization and in wartime are determined by the Cabinet of Ministers of Ukraine. What is important and that will not change after the adoption of project No.
10449: the performance of military transport duty during mobilization is carried out in accordance with the mobilization plan of Ukraine by free involvement of vehicles of enterprises, institutions and organizations of all forms of ownership to meet the needs of the Armed Forces of Ukraine, other military formations on the terms of their return to the owners after the announcement of demobilization.
According to the legislation, the removed transport can be returned 30 days after the declared demobilization, a mobilization plan must be created first under the procedure - it is developed by local state administrations upon the submission of the Tax Code and the JV.
It is the involvement of vehicles during the mobilization of the Tax Code and the CP, as well as the Central Directorate or Regional Bodies of the Security Service of Ukraine, the relevant units of the Foreign Intelligence Service of Ukraine and the intelligence agency of the Ministry of Defense of Ukraine on the basis of decisions of local state administrations, which are issued by appropriate orders.
Further, as in the current law, it is about the acceptance and transfer of vehicles involved in the mobilization and their return after the announcement of demobilization. This requires acceptance-transfer acts that indicate the owners' information, technical condition, residual (balance) value and other necessary information that allow you to identify vehicles.
The return of vehicles to the owner shall be made within 30 calendar days from the moment of announcement of demobilization, and the procedure for compensation for damage caused to vehicles as a result of their involvement during mobilization is determined by the Cabinet of Ministers of Ukraine. In fact, almost all of the aforementioned equipment for the Armed Forces is already in the legislation. However, this time in Project No. 10449 the authors painted which ministry is responsible for.
Therefore, the project makes specifics on the issue of withdrawal and completion of the Armed Forces. According to the project No. 10449: According to the lawyer of JSC "Dixie Lex" Viktor Drohomyretsky, it is planned to consolidate at the legislative level responsible for submission to the Tax Code and JV information about registered vehicles under a specific department.
Also, the expert continues, for the period of general mobilization vehicles intended for the completion of the Armed Forces of Ukraine and other military formations in a special period and are on military registration in the Tax Code and JV, it is forbidden to send to other regions or outside the territory of Ukraine, to transfer property rights.
on them to legal entities or citizens, to rent, to provide them as a subject of collateral for fulfillment of obligations under contracts for granting a loan and guarantees to a banking institution. Such a ban on the disposal of property is a completely new norm that was not previously in the legislation. "Somewhat strange is a prohibition of departure of vehicles to other areas or outside the territory of Ukraine.
In case the legal entity provides services for inter -regional or international transportation, such a ban will have extremely negative consequences for business , Head of the Dniprovsky Office of the Law firm "Ilyashev and partners".
According to Oleksandr Kamshi, the involvement during the mobilization of vehicles and equipment must be drawn up by an appropriate act of acceptance-transfer between the person, representatives of the shopping center and the joint venture and the commander of the military unit, to whom the vehicle or equipment is transferred.
If a certain transport is defined as the one that is completed by the Armed Forces, then owners are forbidden to export it outside the region or country, as well as to sell what is concerned with compensation for the equipment seized from citizens or business, then the provisions on military transportation are now in force ( Approved by the Cabinet of Ministers of Ukraine Decree No.
1921 of December 28, 2000), which determines the procedure for fulfilling the military transport duty to meet the needs of the armed forces by vehicles and equipment of all types and brands of domestic and foreign production, their return during demobilization and compensation damage caused to vehicles and equipment as a result of their involvement during mobilization.
"As stipulated by the provision, the right to compensate for the damage caused to vehicles and equipment as a result of their involvement during mobilization, have legal entities of communal and private ownership, vehicles and equipment involved to meet the needs of military formations during mobilization. It was made at the expense of the state budget within five of the subsequent budget periods after the return of vehicles and equipment, " - explained Alexander Kamsha.
That is, in fact, the transport is removed without prepayment, but the owner is entitled to compensation in case of damage or destruction, and such compensation may be paid to the owner within the next 5 years after the demobilization is announced. It is important to remember to compensate for the damage in the event of the destruction of the removed equipment for five years that after making a decision on the forced alienation of the property, an act is obligatory.
Such an act must contain the following information: "The act is signed by the owner of the property or its legal representative and authorized persons of the military command and the body and is affixed with the seals of the military command or the said bodies. In case of forced alienation . In the absence of the owner and his legal representative, the act of compulsory alienation or seizure of property shall be drawn up without their participation.
In this case, the owner or representative has the right to familiarize himself with the act. A copy of the act and document on the value of the property are handed to the owner or his authorized representative ", - said the lawyer of the law firm "Ilyashev and partners" Dmitry Lazzebiy. In the case of the adoption of the Law No. 10449, obviously, the Cabinet will take changes to the above provision.
However, most of the procedure of removal of equipment and transport for the needs of the Armed Forces is unlikely to change. The only thing that the Cabinet can take over the term of recalculation of the compensation by the owner. But, one way or another, compensation will still be, because this issue is regulated by the current legislation, as well as the provision of compensation is also referred to in the new company on mobilization, which Parliament is about to adopt at the end of February.