Signature Cannot Be Vetoed: New Law in the Field of Compulsory Alienation of Private Land under Martial Law

Abstract

The relevance of the research topic is due to the adoption on 25.03.2025 of the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on the Use of Land Plots for the Development of Digital Infrastructure’, which is currently being sent to the President of Ukraine for signature and which establishes a special procedure for the expropriation of private property land under martial law. The purpose of the study is to analyse the provisions of the said Law, the process of its adoption and the prospects for its implementation. To achieve this goal, the author uses a range of methods of scientific cognition, namely: dialectical, formal and legal, methods of analysis and synthesis, in particular, logical analysis, prognostic, etc. The article outlines the fundamental principles and the current legal framework for the expropriation of private land, both for reasons of public necessity and under martial law, and also analyses the novelties proposed by the said Law, and, first of all, Article 141 ‘Specifics of expropriation of private land’. 141 ‘Peculiarities of Compulsory Alienation of Land Plots and Other Real Estate for Reasons of Public Necessity under Martial Law for the Placement of Defence Industry Facilities and Infrastructure Objects in Uzhhorod District of Zakarpattia Region’, which should be supplemented by the Law of Ukraine ‘On Transfer, Compulsory Alienation or Seizure of Property under the Legal Regime of Martial Law or State of Emergency’. It is concluded that the social relations regulated by this article should essentially fall under the Law of Ukraine ‘On Alienation of Land Plots and Other Privately Owned Real Estate Located Thereon for Public Needs or for Motives of Public Necessity’, which provides for more thorough protection of the rights of private owners, while otherwise land plot owners may be deprived of important guarantees.