Problems of legal regulation of requisitioned property of business entities

Problems of legal regulation of requisitioned property of business entities. The article focuses on the problematic aspects of the practical side of property requisition from business entities. The authors define the legal grounds for the procedure of alienation of selected objects. According to the current legislation, the author outlines the rights of the owner and possible alternatives for obtaining compensation in monetary equivalent, property in exchange for similar functional purposes or return of the alienated property. The list of entities of state authorities and local self-government bodies which are authorized to make decisions on the alienation of property for defense needs is specified. The authors analyse the moment when requisitioned property becomes the property of the State and consider the expediency of real estate appraisal of alienated property in terms of mandatory, timely and objective assessment in proportion to the real market value. Based on the research conducted, in particular, the analysis of court practice, authors provide the grounds for owners of requisitioned property to apply to courts to protect their violated rights and legal interests. Among them: making a decision on requisitioning by an entity that did not have legal grounds for it, in particular, this applies to local military administrations. It is noted that at the stage of applying to court, the problem of determining the jurisdiction of the dispute arises, since there is both an element of a public law dispute (appeal against actions or inaction of public authorities) and a private law aspect (the dispute concerns property owned by a business entity). Authors focus on the fact that in the context of the introduction of the legal status of martial law, it is imperatively determined that only the military command is authorized to make decisions on the requisition of certain property. Specific features of making relevant decisions (orders, instructions), which certainly depends on the territory where such property is located are considered. The research analyzes the legal positions of the Supreme Court regarding the jurisdiction of these disputes and proposes to define the relevant rules at the legislative level, inter alia, by the legal status of the owner of the requisitioned property.