How to seize vehicles for defense purposes
The seizure of vehicles from enterprises in favor of the army during the war regulated by law, but there are some gaps in this regulation.
After the imposition of martial law, local executive bodies and businesses obliged to provide transport to the Ukrainian military if necessary. We explain the limits of the legality of this requirement.
“Military transport duty is provided for and regulated by a number of legal acts of Ukraine,” says Artur Lozitsky, a lawyer practicing business protection.
The heads of enterprises obliged to select vehicles and equipment by types and brands, monitor the technical condition and equipment of equipment, keep it in a state of constant readiness, ensure timely delivery of vehicles and equipment to assembly points.
Representatives of local authorities have to manage the delivery of cars to the destination. Usually, the company can receive a letter from them asking them to report on the condition and quantity of equipment. It is necessary to write an answer to it (in any form), in which to insist on personal participation in the selection of equipment and indicate and justify the needs of your own company.
Are there any limits to vehicle withdrawal?
Ukrainian legislation provides for a limit on the number of vehicles that can be removed during wartime. This is the responsibility of the Cabinet. However, no such limits have been set so far. There are no orders of district state administrations for 2022 in free access, in particular, in Kyiv and in the region.
How to properly document the mobilization of the car?
The mobilization of the car is confirmed by the act of transfer (the form approved by the government decree № 1921 of 28.12.2000). The book value of the transport must be indicated there. This will be the amount of compensation that the owner can count on. Its state must pay if the vehicle burns down, breaks down, or has other damage. The law stipulates that the car must be returned to the owner within 30 days of the announcement of demobilization. To do this, he needs to apply to the territorial center of staffing and social support.
What are the exceptions for military transport for businesses?
Enterprises, institutions and organizations that already perform certain mobilization tasks (deliver products, etc.) may be exempted from the transfer of transport to the military. That is, they interact directly with the military, fulfilling their requirements. Another exception is enterprises that have a high public need. However, such a list does not currently exist. Such enterprises include organizations of strategically important sectors of the economy (for example, Ukrposhta, water utilities, bakeries, etc.).
If, for example, you were stopped at a checkpoint and I was trying to seize a car, refer to the Cabinet of Ministers Resolution 1921 of December 28, 2000. It provides a clear mechanism and regulations for the removal of vehicles. In addition, a call to the police will be an effective means of detecting wrongdoing. Call an investigative task force on the spot or contact the territorial centers of recruitment and social support with a complaint about the actions of persons who try to seize vehicles illegally.
