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Compensation for the value of the alienated property

Is it possible to compensate for the value of the alienated property? How and when to await such compensation? Finally, is there a chance to get the property back? 

Ukrainians ask, and ADVANQ's team answers.

1. The owner is entitled to obtain full compensation for the value of the alienated property.

Law of Ukraine "On Transfer, Expropriation or Seizure of Property under the Legal Order of Martial Law or the State of Emergency" warrants full reimbursement of the value of alienated property to physical persons and legal entities provided that their ownership is based upon the right of private or communal property.

2. One may obtain compensation before and after the alienation of property.

The law provides two options — prior complete reimbursement or subsequent complete reimbursement.

Bearing martial law and the country's financial health in mind, Ukrainians should expect subsequent complete reimbursement as it is less time-consuming and reduces red tape. 

3. Property valuation is mandatory.

An act is drawn up on the forcible alienation of property, and its assessment should necessarily be attached.

Unfortunately, property valuation is not initiated by the owner, rather is entrusted to them without the right of alternation or revaluation thereof. Our recommendation for the owners is to be willing to dispute such a valuation in court.

NB If disagreeing with the property valuation results, one should indicate so in the act. In case of non-performance, it is obligatory to demand an immediate valuation solely at public expense.

4. Only when the war ends may one obtain compensation.

It would be feasible to get reimbursed within the subsequent five budgetary periods (or five years) following the martial time repealing.

After the martial law is lifted, it is necessary to contact the territorial center for recruitment and social safety (induction center) at the place of alienation of property with an application, act, and property valuation. Applications will be processed in priority sequence and within the allocated budget funds.

5. It is also likely to return the alienated property.

When the martial law ends, returning may only be ensured judicially on several conditions: the forcibly alienated property is preserved, and the former owner insists on its return.

Taking everything into consideration, we advise you to stay calm, come to terms with the necessity to assist our defenders, and believe that our victory is in sight.

Written by junior associate Yana Sviderska.