Securing a claim under martial law: what restrictions remain in force?

The mechanism for securing a claim is intended to preserve the disputed property and ensure the possibility of actual execution of a future court decision. At the same time, the court cannot apply such measures contrary to the special restrictions provided for by the legislation on property forcibly alienated for the needs of the state under martial law.

The Supreme Court in case No. 911/3162/24 considered a dispute regarding 29 apartments that the plaintiff requested to be reclaimed as joint property of the spouses. In her opinion, the real estate was purchased during the marriage, after which the apartments were contributed to the authorized capital of the company without her consent.

Subsequently, the specified property was forcibly alienated for the needs of a state body, and the right of state ownership to the apartments was registered with the relevant department. After receiving information about the possible transfer of part of the real estate to communal ownership, the plaintiff filed an application for securing the claim, in particular, she requested to impose an arrest on the apartments, prohibit registration actions, settlement, eviction, repair work and other actions regarding this property.

The court of first instance granted the application, based on the risk of further alienation of the apartments. At the same time, the court of appeal overturned the relevant ruling, since Part Fifteen of Article 137 of the Commercial Procedure Code of Ukraine expressly prohibits securing the claim by suspending decisions on the forced alienation of property under martial law.

The Supreme Court agreed with the conclusions of the appellate court and emphasized that the determining factor is not the formal name of the chosen measure to secure the claim, but its actual impact. If the arrest of property, the prohibition of registration actions, repair, use or transfer of property actually impede the implementation of the decision on its forced alienation, the application of such measures contradicts the prohibition established by law.