| Abstrakt: |
The article is devoted to the study of the problems of the procedure of forced alienation of the property of business entities under the conditions of the legal status of martial law, in particular, regarding the identification of the stages of the process of forced alienation of the property of economic entities under the conditions of the legal status of martial law and their general characteristics. The article analyzes current studies and publications of legal scholars regarding the features of forced alienation of property for the benefit of the state under martial law. Also, the article analyzes the legal basis of the forced alienation of property of economic entities in the conditions of the legal status of martial law and analyzes the current judicial practice regarding the legality of the process of forced alienation of property in the conditions of the legal status of martial law. A list of stages of the process of forced alienation of property of economic entities under the conditions of the legal status of martial law is proposed, in particular: introduction of martial law on the territory of the state; determining the needs of the state in the conditions of martial law; adoption by an authorized state body of a decision on forced alienation of property under martial law conditions; implementation of the adopted decision on forced alienation of property; and return of alienated property or reimbursement of the value of alienated property. Also, the general characteristics of each stage of the process of forced alienation of the property of economic entities under the conditions of the legal status of martial law are given, with an indication of the legal facts that are characteristic of a certain stage. The article notes problematic issues that can be the object of further scientific research, draws attention to gaps in the regulatory regulation of the subject under study, and suggests ways to overcome these gaps at the legislative l evel. [ABSTRACT FROM AUTHOR] |
