Legal mechanisms for protecting the property rights of territorial communities under martial law in Ukraine
Year: 2025
Type: article
Abstract: The article examines the legal mechanisms for protecting the property rights of territorial communities under martial law in Ukraine. The relevance of the topic is due to the dramatic changes in the legal and factual conditions for the exercise of property rights of territorial communities after the introduction of martial law on February 24, 2022, which created new challenges for the protection of communal property in conditions of military operations, occupation of territories and large-scale destruction of infrastructure. The current state of legal regulation of the transfer of communal property between territorial communities in accordance with the Laws of Ukraine “On Local Self-Government in Ukraine” and “On the Transfer of Objects of State and Communal Property” is analyzed. Contradictions between individual legal norms and principles of local self-government were identified, in particular the limited list of municipal property objects that can be the subject of free transfer, and imperative requirements for the intended use of the transferred property. Particular attention was paid to the analysis of outsourcing mechanisms for managing municipal property as the most effective tool for relieving representative bodies of local self-government from complex organizational and legal procedures. The successful experience of implementing such an approach by regional councils through the creation of specialized municipal institutions was considered. The possibilities of using contractual mechanisms for the transfer of municipal property in accordance with the principles of cooperation of territorial communities were investigated. Insufficient detailing of the current legislation for effective regulation of relations regarding the transfer of municipal property under martial law was identified. The results of the study substantiate the need to improve the legal mechanisms for protecting the property rights of territorial communities and supplement existing regulatory legal acts with modern tools capable of ensuring compliance with the procedures for managing municipal property with the real needs of territorial communities in extreme conditions of martial law.
Authors: D. M. Byelov, R. M. Fridmanskyy
Institution: Uzhhorod National University
Language: English
Topic: Legal and Policy Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412389852