ANALYSIS OF THE MECHANISM OF OBTAINING COMPENSATION FOR VIOLATION OF PROPERTY RIGHTS DURING A STATE OF WAR

Abstract

The article is dedicated to exploring the organizational and legal framework for estab-lishing a state mechanism for obtaining compensation for damaged and destroyed housing as a result of hostilities, terrorist acts, sabotage, and armed aggression by the Russian Fed-eration against Ukraine. The damage caused by the aggressor to individual objects of citi-zens' property rights in the zone of hostilities, temporarily occupied and unoccupied terri-tories during missile attacks is significant and palpable, therefore the issue of protecting property rights arises before the state in order to fulfill positive obligations in the field of human and citizen rights. Analyzing this issue, the authors of the article conclude that normative projects only contain individual elements of the established mechanism, which exhibit different ap-proaches to interpreting concepts, negatively affecting the systemic nature of the law, re-ducing its effectiveness or lacking legal certainty, or requiring additional clarification, changes, or additions. Therefore, attention is drawn to the quality of regulatory legal acts in this area, which are necessary guarantees for ensuring effective protection of individuals from unlawful encroachments on their rights by any subjects. It is concluded that compensation issues in cases where access is restricted due to the location of property on temporarily occupied (uncontrolled) territory remain outside the scope of existing or proposed compensation mechanisms. Regarding the size of compensa-tion for the damage caused, it is noted that in the general understanding of this issue, a search for a fair balance between private and public interests in protecting property rights is encountered, as well as the need to introduce rules and procedures that minimize the risks of corrupt violations of the law.