ADMINISTRATIVE AND LEGAL ISSUES REGARDING THE CONFIRMATION OF PROPERTY RIGHTS TO PROPERTY LOST AS A RESULT OF HOSTILITIES

Abstract

Introduction. This article examines the administrative and legal issues surrounding the verification of property ownership rights for assets lost or destroyed due to hostilities in Ukraine during the full-scale invasion. It analyzes the administrative procedures required to establish and confirm ownership rights under the legal regime of martial law, as well as the regulatory framework governing the documentation, recording, and verification of such property loss or destruction.

Objective. The objective of this study is to examine the key issues associated with the absence of title documents, the inability to access state registers, the destruction of archives, and the temporary occupation of certain territories, as well as the resulting need to use alternative means of proving ownership of real estate.

Materials and methods. The study is based on an analysis of research regarding the confirmation of property ownership rights—including for property lost due to hostilities—and the provisions of the relevant regulatory framework. The methodological basis comprises general scientific and specialized methods: the comparative legal method and the method of analysis.

Results. The study analyzed the powers of public authorities responsible for establishing legally significant facts and the interaction between administrative and judicial mechanisms for the protection of property rights, including the role of digital state registers and electronic services in ensuring the effectiveness of the relevant procedures. Attention is also paid to the need to improve administrative-legal mechanisms for confirming ownership rights to real estate by setting out a broader list of admissible evidence, streamlining administrative procedures, ensuring interagency information exchange, and establishing specific procedures for individuals who have lost title documents to real estate as a result of armed aggression against Ukraine.

Future prospects. Further research will serve as a foundation for the legislative regulation of the premise that the effective functioning of mechanisms confirming ownership rights to real estate lost or destroyed due to hostilities is an essential prerequisite for upholding citizens' constitutional property rights, as well as a driving force in ensuring access to compensation for damages and the restoration of violated property rights.