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Andrii Maschenko - image

The lawyers explained that the railways in Crimea after the "official" accession to Russia remain in the ownership of "Ukrzaliznytsya". The forced seizure of Ukrainian company’s property provides for compensation to the owner of the value of such property.

Andrii Maschenko

In connection with the current situation in Crimea, it remains unknown how rail and road transport will enter / leave the territory occupied by the Russian Federation. At present, Ukrzaliznytsya did not announce plans for the nearest future of the Crimean unit of the Pridniprovsk railway. Partner, lawyer of the MBLS law firm Andriy Mashchenko explained to Delo.UA, as the future of rail transportation in the Crimea looks as a matter of law.

The expert stated that the railways of Crimea (roads, rolling stock and infrastructure - ed.) are under the jurisdiction of the State Administration of Railway Transport of Ukraine (Ukrzaliznytsia) and are state property of Ukraine, and any political changes "do not change the status of property and are not ground for termination of the right of ownership ".

"Thus, the infrastructure of Ukrainian railways located in Crimea is in any case the property of Ukraine. According to the legislation of both Ukraine and Russia, the owner may refuse ownership or dispose of the property at his own discretion," Mashchenko said.

At the same time, property can be seized from the owner compulsorily, but only in cases and order strictly defined by law. According to the letter of the law, such cases include: foreclosure of property for obligations; alienation of property, which by virtue of the law can not belong to this person; alienation of immovable property in connection with the seizure of a plot; confiscation and nationalization.

"The procedure for forced withdrawal involves the reimbursement to the owner of the value of the seized property, except for confiscation. The confiscation is used as a sanction for committing the offense only," Mashchenko said.

Transportation by road with the territory of Crimea, until now is regulated by the legislation of Ukraine and the regulatory acts of Crimea in the part that does not contradict the legislation of Ukraine.

From March 18, 2014 (Russian President Vladimir Putin and Crimean separatists signed an agreement on the accession of the Crimea to the RF - ed.), in accordance with the agreement signed in this day and the formation of new entity of the Russian Federation by the end of 2014 (Transitional Treaty period) the rules of road transport will be regulated by regulatory acts of the Autonomous Republic of Crimea and the city of Sevastopol, insofar as they do not contradict the legislation and the Constitution of the Russian Federation.

From January 1, 2015, in accordance with this agreement, the rules of road haulage in the Crimea will be governed by the laws of the Russian Federation, as well as international treaties to which Russia and Ukraine are parties refarding to carriage between Ukraine and Crimea.

20 March 2014

Delo.ua

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