Business in martial law

November 26, 2018 Verkhovna Rada of Ukraine approved the Decree of the President of Ukraine, which introduced martial law in Ukraine.
The President indicated the possibility of temporary restriction of the rights and legal interests of legal entities to the extent and scope necessary to ensure the possibility of introducing and implementing measures of the legal regime of martial law, as provided for by part one of Article 8 of the Law of Ukraine "On the legal regime of martial law".

At the same time, it should be remembered that these restrictions may apply only to legal entities located in the territory of Luhansk, Nikolaev, Odessa, Sumy, Kharkiv, Chernihiv regions, as well as Donetsk, Zaporozhye, Kherson regions and inland waters of Ukraine Azov-Kerch water area .
Alienations of movable and immovable property of legal entities.
During the period of martial law, the possibility of seizing or alienating the property of an enterprise for military needs is allowed, which should occur with strict adherence to the procedure established by law.
First of all, it is necessary to distinguish the concept of "withdrawal" and "alienation" of property:
Alienation can be carried out only in respect of private and collective property with full compensation of its value, and withdrawal can be carried out only in respect of state property without compensation of the value of such property.
In order to effect the alienation / seizure of enterprises' assets, the military command must take an appropriate decision, which is coordinated with the Council of Ministers of the Autonomous Republic of Crimea, the regional, district, Kyiv or Sevastopol city state administration or the executive body of the respective local council.
After that, an act of compulsory alienation or seizure of property is drawn up, which must be in the form prescribed by law and is signed by the owner of the property and authorized persons of the military command.
At the same time, it should be borne in mind that the law allows for the seizure or alienation of property and the drafting of the relevant act without the participation of the owner. In such a case, the owner retains the right to familiarize himself with such an act, by delivering it on receipt.
It is from the date of signing of such an act that the property of the enterprise becomes state property.
Separately, it is necessary to dwell on the issue of compensation for the value of the alienated property.
As already noted, when disposing of property under martial law conditions, the owner of the property must be reimbursed for its value.
A preliminary full refund of the value of the property is carried out at the time of signing the relevant act. In this case, the amount of compensation is determined on the basis of the document containing the opinion on the value of the property at the date of its assessment.
In the event of a subsequent full compensation, compensation for the value of the property is carried out after the abolition of the legal regime of martial law on the basis of the application of the former owner to the military commissariat at the place of alienation of property. The statement and the document on property valuation should be attached to this application.
Regardless of the method of reimbursement of the value of the property, upon the alienation of the property, its expert assessment should be carried out, which will determine the appropriate amount of compensation.
It is worth noting that the law also grants the owner the right to return property alienated from him, but only after the abolition of the legal regime of martial law and provided that such property has been preserved. In this case, the return of the property is carried out in a judicial order.
Also, the former owner of the property that was forcibly expropriated, may require in return for the provision of other property to him, if possible.
Attracting employees of a legal entity to the performance of work having a defense character (labor service). Heads of legal entities should understand that under the conditions of martial law, their employees can be involved in short-term conditions to perform socially useful work. At the same time, the presence of employee consent is not mandatory.
The decision on labor service is taken by the military command in conjunction with local authorities and to the attention of the population it has to be through the media. The decision indicates the circumstances that have developed in the region and adverse factors of a military nature that pose a threat to the population. It also indicates the reasons for the need to attract able-bodied persons, the selection criteria (age, profession, specialty), a list of types of socially useful work, the boundaries of the territories where it is planned to perform the work, the deadline for their performance and the enterprises where such persons will work.
All able-bodied persons may be involved in socially useful work, even if the person is unemployed, or is a student of a higher educational institution. The warning, collection and recruitment of persons involved in the implementation of socially useful persons is provided by the military command.
Also, the law provides for the possibility of enterprises booking their employees to ensure the operation of the enterprise during martial law. The reserved labor and mobilization does not apply to reserved workers. Companies with special mobilization tasks important for both the army and the civilian population can apply for such a reservation. For example, the production of special means of protection, food, clothing, military ammunition, and the like.
The priority of military orders.