So, the Law provides for free mobilization of vehicles of both legal entities and individuals for the needs of the Armed Forces of Ukraine without the introduction of martial law or a state of emergency based on decisions of local state administrations in accordance with requests from military commissariats.
What you need to know about the mobilization of cars for the needs of the army, AvtoPortal asked lawyers from “Safir Consulting Group”.
AvtoPortal: As Kyiv residents themselves say, mostly minibuses, SUVs, and trucks are mobilized. They say that military commissariats often incorrectly draw up the transfer act and do not want to conduct an assessment of the car. What would you advise to do in such cases? Involve lawyers?
The mobilization of primarily minibuses, SUVs, and trucks is quite logical from a practical point of view, since these vehicles are most in demand due to the need to transport people, household equipment, or other cargo.
At the same time, there were some shortcomings, one of which was the unresolved question of which specific types and brands of vehicles can be mobilized. To be more precise, this issue should be resolved at the local level according to decisions of local state administrations in accordance with the Mobilization Plan of Ukraine. However, to date, the relevant orders have not been issued by local authorities, which gives military commissariats the right to seize any vehicles. At the same time, the acceptance and transfer of vehicles seized for the needs of the Armed Forces of Ukraine, as well as their return, are carried out on the basis of acceptance and transfer acts, which must contain information about the owners, the technical condition, and the value of the vehicle.
AvtoPortal: What do you need to know when drawing up acts, and how to ensure that the vehicle assessment is done correctly?
To date, the assessment of a vehicle can be carried out in accordance with the Procedure for determining the average market value of passenger cars, motorcycles, and mopeds, approved by Resolution of the Cabinet of Ministers of Ukraine dated 10.04.2013 No. 403, or the Procedure for conducting assessment for taxation purposes and for calculating and paying other mandatory payments levied in accordance with legislation, approved by Resolution of the Cabinet of Ministers of Ukraine dated 04.03.2013 No. 231. However, neither of the above procedures provides for the assessment of vehicles for mobilization purposes. At the same time, the mechanism for conducting an assessment for the subsequent mobilization of vehicles is not provided for by the Law itself.
As a result, it remains unclear who and under what conditions should conduct such an assessment.
In addition, the Law is silent on any procedure for the operation of mobilized vehicles, which literally “gives a free hand” to security forces to use certain cars at their discretion.
AvtoPortal: The main question that worries most car owners is: can one avoid the seizure of a vehicle for mobilization purposes?
As already mentioned above, the seizure of a vehicle is accompanied by the signing of an acceptance and transfer act. At the same time, the Law does not provide for a mechanism that would force the car owner to sign this document. Also, the legislation does not provide for liability for refusing to transfer one's vehicle, which in reality means the possibility for the car owner to simply not transfer their vehicle for the needs of the army.
In addition, the decision of the military commissariat to seize a vehicle can always be challenged in court on the grounds that this vehicle is, for example, a means of earning a living for its owner. For instance, if the car owner is a taxi driver and their income depends on the availability and, accordingly, use of the vehicle; or if the car owner is registered as an individual entrepreneur and their main activity is providing cargo transportation services, for which they need their vehicle.
AvtoPortal: What about legal entities? Can they legally refuse to provide a car, and how to do it? After all, expensive cars are often requisitioned, which are also modified.
When it comes to legal entities, numerous taxi services, delivery services, travel agencies, and many others fall under the description of the above situation.
In addition to the above, it can be said that seizing a vehicle that is “not in working condition” will be practically impossible, since there will be problems with its transportation...
AvtoPortal: How does compensation for losses occur, what do you need to know about reimbursement, and how to ensure that it is adequate to the real value of the car?
Speaking of compensation for losses, two main aspects can be noted.
The first concerns compensation for losses caused by damage to the vehicle through the payment of insurance compensation. But this applies only to cases where the CASCO contract provided for relevant provisions, or simply put, if the vehicle was insured against damage due to armed conflicts, military actions, etc. However, there are few such cases.
In other cases, compensation for losses should be carried out in accordance with the Procedure for compensation for harm caused to vehicles as a result of their involvement during mobilization, which should be determined by the Cabinet of Ministers of Ukraine. The Law contains such a provision indicating the obligation of the CMU to adopt the relevant resolution. However, to date, such a procedure has not been approved by the government. What do the general norms of the civil legislation of Ukraine tell us about this?
So, according to Art. 1166 of the Civil Code of Ukraine, harm caused to the property of an individual or legal entity is compensated in full by the person who caused it. The same article stipulates that the person who caused the harm is released from compensation if they prove that the harm was not caused through their fault. In view of these provisions of the legislation, it will be very difficult for the car owner to prove anything in court.
In connection with the above, it is quite difficult to talk about real compensation for material damage...
Conclusions
If we set aside patriotic sentiments, one can avoid the mobilization of a vehicle by bringing it into a non-working condition. As for receiving compensation in case of mobilization, one should not believe in promises for one simple reason – the law does not clearly specify how this should be done. In summary, it remains to be said that the law on vehicle mobilization is not perfect and has “loopholes”. True, at the same time, it allows mobilizing anything for the needs of the army – even a Rolls-Royce...
