Regarding the Seizure of Vehicles During Mobilization

Information is currently circulating online claiming that vehicles belonging to citizens and businesses are being seized at checkpoints for the needs of the Armed Forces of Ukraine and other military units.

First and foremost, it is necessary to determine who has the authority to seize such vehicles and what procedures govern this process.
Indeed, in accordance with Articles 21 and 22 of the Law of Ukraine “On Mobilization and Mobilization Preparation,” businesses, institutions, organizations, and citizens are required to provide, during mobilization, buildings, structures, vehicles, and other property of which they are the owners, to the Armed Forces of Ukraine, other military formations, and the Civil Protection Operational and Rescue Service, with subsequent reimbursement of their value in accordance with the procedure established by law.

The procedure for the requisition of vehicles to meet the needs of the Armed Forces, other military formations, and special-purpose law enforcement agencies during mobilization is governed by the Regulations on MilitaryTransportation Obligations, approved by Resolution No. 1921 of the Cabinet of Ministers of Ukraine dated December 28, 2000 (hereinafter—the Regulations).
Thus, the relevant Regulations apply to central executive bodies, other state bodies, local state administrations, local self-government bodies, enterprises, institutions, and organizations regardless of their form of ownership, as well as citizens who own vehicles; but does not apply to diplomatic missions and consular offices of foreign states, representative offices of foreign and international organizations, foreigners, and stateless persons.

The following may be exempt from transferring vehicles and equipment to military units during mobilization
: enterprises, institutions, and organizations in connection with their fulfillment of established mobilization tasks, provided they have a contract with the Ministry of Defense for the performance of mobilization tasks and their vehicles and equipment are used in the production process for carrying out mobilization tasks
; - enterprises, institutions, and organizations for which there is a high public need. The list of enterprises, institutions, and organizations for which there is a high public need is approved by the Cabinet of Ministers of Ukraine upon the recommendation of the Ministry of Defense.

It should be noted that, in accordance with the Regulations, during mobilization, the military transport obligationis fulfilled through the transfer by enterprises, institutions, and organizations of vehicles and equipment to meet the needs of military units in accordance with the specified tasks, the limits on the requisition of vehicles and equipment established and approved by the Cabinet of Ministers of Ukraine, and the percentage rates for requisition.

In addition, military registration and enlistment offices and military command bodies maintain military records of vehicles and equipment for the purpose of planning their transfer by enterprises, institutions, and organizations to meet the needs of military units during mobilization.

Important! Tasks related to preparing for and transferring vehicles and equipment to military units are established by relevant orders of local state administrations upon the recommendation of military commissariats and are communicated to
: - heads of enterprises, institutions, and organizations during mobilization - through military commissariats by issuing the relevant partial orders;
- to citizens who own vehicles during mobilization, in the event that a legal regime of martial law is imposed—through military commissariats by issuing partial orders.
A partial order is an administrative document issued by the head of the local state administration, which, during mobilization, sets out tasks for the heads of enterprises, institutions, and organizations, as well as for citizens, regarding the transfer of specified vehicles and equipment to military units, along with the procedure, terms, and deadlines for such transfers. The head of the local state administration and the military commissar sign this order and affix their official seals to it.

In practice, this means that enterprises, institutions, and organizations, as well as citizens, may receive requests for information regarding the status of mobilization preparations from local executive authorities (which oversee mobilization at the local level), or receive directly from the local state administration and the military commissariat a partial mobilization order specifying particular vehicles or equipment, as well as the handover points, deadlines, and other details.

If an enterprise receives requests for information regarding the status of its mobilization preparations, it is likely that its mobilization assignment has not yet been finalized. Therefore, in such a case, the company may insist on personally participating in the selection of the vehicles and equipment to be requisitioned, so as not to be left in the future without the equipment and vehicles that the company itself urgently needs to conduct its business operations.

However, even if the enterprise or a citizen receives a partially finalized requisition order from the local state administration and the military commissariat, which specifies a concrete list of vehicles and equipment to be seized without taking into account the interests of the enterprise or the citizen in question, then—given that the Regulations provide for the right of enterprise managers to personally participate in the selection of vehicles and equipment— it is necessary to insist on revising the requisition order to take into account the enterprise’s needs without harming its business operations, or to take into account the citizen’s needs for carrying out entrepreneurial or other activities.

Furthermore, in accordance with the requirements of the Law of Ukraine “On Mobilization and Mobilization Preparation” and these Regulations, the Cabinet of Ministers of Ukraine is responsible for determining and approving limits and standards for the free-of-charge requisition, seizure, and compulsory alienation of vehicles and equipment during the mobilization period and in wartime.

At the same time, the tasks regarding the preparation and transfer of vehicles—including a specific list of equipment and delivery conditions—were supposed to have been formulated and communicated to enterprises and citizens during peacetime, which, in practice, usually did not happen.

Consequently, preparations for the transfer and the actual transfer by the heads of enterprises, institutions, and organizations, as well as by citizens, of the vehicles belonging to them take place solely on the basis of a partial requisition order issued in accordance with the Regulations, taking into account the established and approved limits and norms for requisition without compensation.
Consequently, the immediate requisition of vehicles and equipment belonging to citizens and enterprises during mobilization—whether at checkpoints or at any other location where they are stopped—is not lawful.

In addition, it is important to remember that the requisition of vehicles and equipment during mobilization must be documented by a corresponding acceptance-transfer act in the form established in accordance with the Regulations, which specifies the residual (book) value of the vehicle or equipment, determined based on the balance sheet data of the enterprise, institution, or organization as of the most recent reporting date (the last day of the quarter or year) or other data.

In the event of disagreement with such value, at the initiative of the vehicle owner and at the owner’s expense, an independent appraisal of the vehicle or equipment may be conducted by engaging an appropriate appraisal entity. In such a case, the vehicle and equipment transfer and acceptance certificate shall specify the value of the vehicle or equipment as determined by the results of their independent appraisal.

It should also be noted that the seizure of vehicles and equipment during mobilization to meet the needs of military units is followed by their return to the owners and full compensation for damage caused to such vehicles and equipment as a result of their seizure.
The detailed procedure for returning seized vehicles and equipment, as well as the resolution of other issues related to the payment of compensation for damage caused to vehicles and equipment as a result of their seizure during mobilization, and the reimbursement of property damage for destroyed vehicles and equipment are set forth in the Regulations.

But what should you do if, at checkpoints or when your vehicles and equipment are stopped elsewhere, attempts are made to immediately seize your vehicles and equipment to meet the needs of military units, without any legal basis and not in accordance with the requirements of the aforementioned Regulations?

In such a case, first and foremost, you should refer to the legal requirements established by the Regulations on MilitaryTransportation Obligations, approved by Resolution No. 1921 of the Cabinet of Ministers of Ukraine dated December 28, 2000, and remind the individuals of their obligation to strictly comply with the relevant legal requirements.

If this proves insufficient, call the police to dispatch an investigative and operational team to the scene and contact the relevant regional territorial centers for recruitment and social support (formerly military registration and enlistment offices) or the hotlines of the Ministry of Defense and the Armed Forces of Ukraine.
In any case, you should document the fact that the responsible officials violated the procedure for seizing the vehicle or equipment in order to subsequently challenge such actions and reclaim ownership of the vehicle or equipment.

Denis Ponomarenko, Attorney and Partner at Barristers LLP

Mykhailo Bochevary, Attorney at Law, Barristers LLP