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LAW OF UKRAINE

of May 17, 2012 No. 4765-VI

About transfer, compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state

(as amended on 30-03-2021)

This Law determines the mechanism of transfer, compulsory acquisition or withdrawal of property at legal entities and physical persons for needs of the state in the conditions of legal regime of warlike or emergency state.

Article 1. Determination of terms

1. In this Law the terms below are used in such value:

1) property compulsory acquisition - deprivation of the owner of the property right to individually certain property which is in private or municipal property and which carries over the state for use in the conditions of legal regime of warlike or emergency state on condition of preliminary or further full recovery of its cost;

2) withdrawal of property - deprivation of the state companies, the national economic associations of the right of economic maintaining or operational management by individually certain state-owned property for the purpose of its transfer for needs of the state in the conditions of legal regime of warlike or emergency state.

2. The term "military command" is used in the value given in the Law of Ukraine "About legal regime of warlike situation" or the Law of Ukraine "About legal regime of emergency state" depending on legal regime in the conditions of which the property is transferred, alienated or withdrawn.

Article 2. The legal basis of compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state

1. The legal basis of compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike or emergency state is the Constitution of Ukraine, this Law, other laws of Ukraine and the presidential decree of Ukraine about introduction of emergency or warlike situation in Ukraine or in its certain areas, approved by the Verkhovna Rada of Ukraine.

Article 3. Methods of compulsory acquisition or withdrawal of property

1. Property compulsory acquisition in the conditions of legal regime of warlike or emergency state can be performed with preliminary full recovery of its cost.

2. In case of impossibility of preliminary full recovery for compulsorily aloof property such property is compulsorily alienated with the subsequent full recovery of its cost.

3. Withdrawal of property in the conditions of legal regime of warlike or emergency state is performed without cost recovery of such property.

Article 4. Organa, making the decision on compulsory acquisition or withdrawal of property in the conditions of legal regime of warlike situation

1. Compulsory acquisition or withdrawal of property in connection with implementation and accomplishment of actions of legal regime of warlike situation is performed according to the solution of military command approved according to Council of Ministers of the Autonomous Republic of Crimea, the regional, district, Kiev or Sevastopol city public administration or executive body of the relevant local council.

2. In areas where fighting, compulsory acquisition or withdrawal of property is conducted, it is performed according to the solution of military command without coordination with the bodies specified in part one of this Article.

Article 5. Organa, making the decision on compulsory acquisition or withdrawal of property in the conditions of legal regime of emergency state

1. Compulsory acquisition or withdrawal of the property necessary for prevention or liquidation of situations which became the reason of introduction of legal regime of emergency state is performed according to the decision of executive body, Council of Ministers of the Autonomous Republic of Crimea, military command, local government body to whom according to the presidential decree of Ukraine about introduction of legal regime of emergency state implementation of actions of emergency state is assigned (further - military command, body to which implementation of actions of legal regime of emergency state is assigned).

Article 6. Features of transfer and compulsory acquisition of municipal property in the conditions of legal regime of warlike or emergency state

1. About free transfer of municipal property to state-owned property to the relevant local council handle initiative:

1) for requirements satisfaction of the state in the conditions of legal regime of warlike situation - military command;

2) for prevention or liquidation of situations which became the reason of introduction of legal regime of emergency state, - military command, body to which implementation of actions of legal regime of emergency state is assigned.

2. Transfer of municipal property to state-owned property is performed according to the decision:

1) rural, settlement, city, district councils in the cities - concerning objects of the right of municipal property of the relevant territorial societies;

2) regional, regional councils - concerning objects of the right of common property of territorial societies of villages, settlements, the cities which are in management of regional, regional councils.

3. In case of impossibility of adoption by local council of the decision on transfer of municipal property to state-owned property such decision is made rural, settlement, by the mayor, the chairman district in the city, regional, regional council or the secretary, the vice-chairman of the relevant council, with subsequent its approval by the relevant council on the law. The relevant decision is made by specified persons according to the procedure, established by the law.

4. Transfer of municipal property to state-owned property in case of acceptance about it the relevant decision is drawn up by the act of priyemaperedacha which is signed rural, settlement, the mayor, the chairman district in the city, regional, regional council or the secretary, the vice-chairman of the relevant council and the authorized person of military command or body to which implementation of actions of legal regime of emergency state is assigned, and fastened with seals of local council and military command or body to which implementation of actions of legal regime of emergency state according to the law is assigned. The delivery-acceptance certificate is signed by specified persons according to the procedure, established by the law.

In the delivery-acceptance certificate it is specified:

1) the name of local council and military command or body to which implementation of actions of legal regime of emergency state is assigned;

2) full name, the location and identification code of the legal entity to which the property was assigned;

3) data on the document establishing the property right to property (in the presence);

4) the description of property sufficient for its identification, including for real estate - the location, for personal estate (land, water and air vehicles) - data on registration number of the vehicle, brand, model, number of the chassis, year of release and other registration data.

The document containing the conclusion about property value for date of its assessment is attached to the delivery-acceptance certificate.

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