Compulsory expropriation and property compensation under martial law in transitional justice

Abstract

The article examines the specifics of legal regulation of compulsory property expropriation under martial law and the mechanisms for ensuring fair compensation in the context of developing a transitional justice system in Ukraine. The analysis is based on the provisions of the Constitution of Ukraine, legislation on martial law, mobilization, and national defense, as well as the practices of the Supreme Court of Ukraine and standards established by the European Court of Human Rights. This approach allows for outlining the key principles, conditions, and procedural limits of permissible state interference with private property rights during wartime. It is demonstrated that, from the perspective of international law and the rule of law principle, compulsory property expropriation can be considered lawful only in the presence of genuine public necessity, provided that a clearly defined procedure is followed and mandatory compensation is ensured—either before or after the cessation of martial law. Particular attention is paid to challenges in documenting acts of expropriation, determining property value, judicial protection of owners’ rights, and the application of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The article argues that effective and predictable compensation mechanisms are a necessary component of transitional justice, as they ensure the actual restoration of violated rights, foster trust in state institutions, and allow for balancing public interests with private rights during wartime and post-conflict reconstruction. In this regard, the study substantiates the feasibility of implementing digital tools for recording expropriations, creating a unified registry of relevant acts, standardizing approaches to property valuation, and developing stable budgetary mechanisms for compensation. It is concluded that the further development of legal regulation of compulsory property expropriation should be based on a combination of constitutional guarantees of property rights, international human rights protection standards, and the institutional needs of post-war reconstruction and long-term state resilience in conditions of armed conflict and post-conflict transition.