The Supreme Court, acting as a panel of judges of the Cassation Administrative Court, in its Ruling dated June 27, 2025, in case No. 560/8712/22 regarding the recognition as unlawful and cancellation of the order of the Khmelnytskyi District Military Administration “On the use of facilities and labor resources of enterprises, institutions, and organizations located in the territory of Khmelnytskyi district of Khmelnytskyi region for defense needs”, reached the following conclusions:
…Regarding the appellant’s arguments that the Central Military Construction Directorate in Khmelnytskyi (KEV m. Khmelnytskyi) was deprived of the right to use military property, namely defense lands, the courts of previous instances established that the contested orders do not concern the deprivation of KEV m. Khmelnytskyi of the right to use the land plot. The term of use of the facilities of the land plot for the sowing and harvesting of agricultural crops was set for one year (Clause 2 of the Order dated May 12, 2022 No. 30/3218/22).
- compulsory expropriation of property means the deprivation of the owner of the right of ownership of individually defined property that is privately or communally owned and which is transferred to state ownership for use under the legal regime of martial law or state of emergency, subject to prior or subsequent full compensation of its value;
- seizure of property means the deprivation of state enterprises or state economic associations of the right of economic management or operational control of individually defined state property for its transfer for the needs of the state under the legal regime of martial law or state of emergency.
The plaintiff is not the owner of the disputed land plots, since the relevant land plots are held under the right of permanent use pursuant to State Acts on the Permanent Use of Land, and therefore the procedure of seizure under this Law is not applicable.
⭕️ Thus, in this case, there was no seizure of land plots from the rightful land user or transfer of the right of use to another person, but rather exclusive temporary use of the facilities (land plots) for ensuring defense needs as a goal of the martial law measures.
Furthermore, the courts of previous instances established that the land plot since 2021 (excluding the period of the dispute) was not cultivated, and LLC “Multi-Agrar Dnipro” withdrew its claim in case No. 924/985/21, which the plaintiff referred to, and the proceedings in the case were terminated.
Regarding the arguments about the inconsistency of the concept “land plots” with the concept “facilities”, the Court proceeds from the fact that according to paragraph 3 of part one of Article 8 of Law No. 389-VIII, in Ukraine or in certain localities where martial law has been introduced, military command together with military administrations (if established) may independently or with the involvement of executive authorities, the Council of Ministers of the Autonomous Republic of Crimea, and local self-government bodies, implement and carry out, within the temporary restriction of constitutional rights and freedoms of persons and citizens, as well as the rights and legitimate interests of legal entities provided by the Decree of the President of Ukraine on the introduction of martial law, such measures of the legal regime of martial law: to use the facilities and labor resources of enterprises, institutions, and organizations of all forms of ownership for defense needs, to change the mode of their operation, to implement other changes in production activities, as well as working conditions in accordance with labor legislation.
Ukrainian legislation does not specify exactly which facilities of enterprises, institutions, and organizations may be used.
According to paragraph 26 of part two of Article 15 of Law No. 389-VIII, military administrations of settlements in the relevant territory exercise powers regarding the regulation of land relations (except for decisions on alienation of land plots from communal ownership and granting of such land plots for lease for a term of more than one year).
✅ Dismantling or Demolition? Which decision may be made by a local council, and which – by a court?
According to paragraph 69 of part one of Article 1 of the Law of Ukraine “On the basic principles and requirements for food safety and quality”, facilities are buildings or a complex of buildings, premises, structures, equipment, and other means, including vehicles, as well as territory used in the production and/or circulation of objects of sanitary measures.
In the Register of Facilities maintained by the State Service of Ukraine on Food Safety and Consumer Protection, land plots are indicated as a type of facility.
⭕️ The Court agrees with the conclusion of the appellate court that land plots are covered by the concept of “facility” within the meaning of the Law “On the Legal Regime of Martial Law” No. 389-VIII and may be used for defense needs during the implementation of martial law measures.
⭕️ In addition, legislation does not contain any restrictions on decisions regarding the use of land plots as facilities in relation to land plots that are defense lands.
You may discuss the referenced Supreme Court ruling in the Urban Planning in Ukraine group.
Yuriy Brykaylo, attorney
Ⓒ 2025