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The Ukrainian real estate market has once again faced a wave of raiding that has intensified due to martial law and the associated instability. Taking advantage of the absence of owners, wrongdoers try to seize other people’s assets, exploiting gaps in legislation and shortcomings in the work of state bodies.
Raiding is the unlawful appropriation of or establishment of temporary control over property, disguised as legal procedures. The target of such attacks is always an asset, most often immovable property.
The most vulnerable to raider attacks are objects that have:
Legal defects in the title documents.
Unresolved conflicts between co-owners, investors or creditors.
The instigators may be both business partners and professional raiders who have no rights to the property but skillfully manipulate the circumstances. With the start of the full-scale war, when many owners were forced to leave Ukraine, the risk of losing assets has increased.
One of the most common methods is the forgery of powers of attorney. Wrongdoers create fake documents that supposedly grant them the right to manage and dispose of property, alienate corporate rights or hold general meetings. These documents are often executed abroad, which makes it difficult for state registrars to verify them.
However, owners are not left defenseless. There are effective mechanisms to counteract this:
The Anti-Raiding Office: This body under the Ministry of Justice of Ukraine considers complaints and cancels unlawful registration actions. Although it is not a panacea, this tool provides a certain level of protection against blatantly unlawful actions. According to representatives of the Ministry, special algorithms have already been developed to detect and cancel such unlawful registration actions.
Protecting property in Ukraine in wartime requires vigilance and a swift reaction. It is important not to rely on a single tool, but to act comprehensively.
Protection against raiders is not limited to applying to the Anti-Raiding Office. To stop unlawful actions as effectively as possible, owners should simultaneously initiate criminal proceedings. This makes it possible to seize the immovable property or corporate rights, which temporarily makes any manipulation of the assets impossible.
With the start of the full-scale war in Ukraine, a new type of risk appeared, the blocking of assets due to suspicions of collaboration activity. Law enforcement agencies may seize the property of companies that had or have any connections with Russia, including contracts or the presence of offices on its territory. Even international brands have come under attack.
A vivid example is the case against one of the large developers, whose shopping and entertainment center was seized and its management transferred to ARMA (the Asset Recovery and Management Agency). Law enforcement officers claimed that the owner was transferring the profit from renting out premises to the aggressor state. Despite the fact that the indictment was never sent to court, the owners have for a long time been unable to dispose of their property.
To avoid such troubles and protect their assets, business owners need to act proactively. It is necessary to conduct a legal risk analysis and develop an individual roadmap of actions. This plan must be as detailed and clear as possible, so that in the event of attempts to seize property, one can react quickly and effectively.
Protecting property in Ukraine requires a comprehensive approach and constant monitoring of new threats. Are you ready for this?
It is the unlawful takeover of property using forged documents, abuses in the registers, or pressure, often with the appearance of legality.
Unexpected changes in the registers, suspicious requests for documents, attempts to challenge your ownership right, or unlawful registration actions regarding the object.
Through control over the registers, imposing bans on registration actions, proper registration of rights, and a swift legal reaction to a threat.
Immediately record the facts, turn to a lawyer, challenge the unlawful actions, and if necessary file a claim and notify law enforcement agencies.
If there are grounds, yes, through challenging the unlawful actions and judicial protection. Success depends on the speed of reaction and the evidence.
Author: Ilona Melnychuk, attorney In Brief You can dissolve a marriage through the registry office (DRATS, the body for the state registration of civil status
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