ЗАХИСТ ПРАВА ВЛАСНОСТІ В УМОВАХ ВОЄННОГО СТАНУ

In the article, we researched the issue of property rights protection under martial law conditions, analyzed the main legislative provisions that regulate this issue, and identified international normative acts. The main norms governing the provision of the property rights of a person were defined. A small number of differences between the norms of the state of war and the norms of peacetime were noted. On the basis of the conducted research, it was established that the legislation provides for the limitation of property rights, but under certain procedural conditions. We determine that such conditions are the adoption of such a decision exclusively by the court; the legality, reasonableness and motivation of such a decision; strict observance of the procedure for the implementation of procedural actions that limit the right of ownership. The cited conditions remain unchanged during the period of the special legal regime - martial law. Compliance with these conditions by the relevant law enforcement agencies remains as necessary as in normal conditions, when no special legal regime applies. Therefore, within the framework of criminal proceedings, a person may be deprived or limited in using the right to property. In particular, the right of ownership can be limited during the seizure of property, temporary seizure of property, during the search of housing or other possessions, the application of a preventive measure in the form of bail, etc. In the article, we analyzed in detail the legislative changes that were introduced to the CCP of Ukraine from February 24, 2022, from the beginning of the special legal regime - martial law. In the future, it is planned to dwell in detail on the interpretation of the main components of property rights by the European Court of Human Rights, to consider in more detail the legislative changes that have taken place since the introduction of martial law.