Strategic land use for national defense: legal mechanisms and practical solutions in response to ongoing russian aggression

Abstract

The ongoing full-scale Russian aggression in Ukraine has necessitated the urgent construction, arrangement, and maintenance of engineering and fortification structures critical to the protection of military units and civilians. These structures significantly enhance defensive capabilities, reduce casualties, and maintain strategic positions, thereby complicating enemy advancement and boosting morale. Current Ukrainian land legislation, however, makes compulsory acquisition complex and economically unjustified. This study proposes a legal mechanism for the temporary use of privately owned land for defense purposes without purchase, ensuring compensation and return post-conflict, thus balancing national defense needs with landowner rights.