Legal aspects of forced relocation of enterprises in the context of economic recovery of the state

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 2; no. 88; pp. 45 - 56
• Main Authors: Shyrshykova, R. M., Kirin, R. S.
• Format: Journal Article
• Language: English
• Published: 20.05.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.88.2.6

The article examines the legal aspects of forced relocation of enterprises in the context of economic recovery of the State. The author presents the current legal framework for the forced relocation of enterprises, which consists of: a) legislative acts on – facilitating the processes of relocation of enterprises under martial law and economic recovery of the State; – ensuring the rights and freedoms of internally displaced persons; – the legal regime of martial law; – peculiarities of regulation of land relations under martial law; b) governmental regulations; c) the decision of the National Security and Defense Council of Ukraine to further implement programs to support Ukrainians on the basis of guaranteeing the economic stability of the state and strengthening measures to clean up the financial system of Ukraine. The author identifies a problematic situation with regard to the powers of certain central executive authorities to implement the Emergency Relocation Plan. The author proposes to legislate the provision of a stabilization subsidy to the de-occupied territories based on the calculation of personal income tax losses resulting from the forced relocation of enterprises. It is proposed to take into account the following criteria when determining the status of enterprises, institutions, organizations under martial law and their state support – economic importance (strategic, critical, important); – environmental impact and use of natural resources; – territorial and security factors. The new Economic Security Strategy of Ukraine for the period up to 2030 should outline, among other things, ways to address the problems of business relocation and support. The author analyzes the provisions of the law on forced relocation of enterprises, and on the basis of this analysis, the author classifies the areas by types of economic activity and groups of enterprises to which it was aimed: – natural resource sector; – trade and circulation of food and non-food products; – property and state registration of property rights; – notary and enforcement proceedings; – privatization. The author proposes definitions of “forced relocation of an enterprise” and “internally displaced business entity”.