On 23 December 2024, the Register of Damages for Ukraine caused by the aggression of the russian federation against Ukraine (the “Register”) published the forms and rules for submitting claims for compensation in newly opened categories of claims. This will allow individuals and legal entities, as well as the state of Ukraine, to start preparing the necessary documents in 30 out of the 45 planned categories.
The Register
The Register was launched at the Council of Europe Summit on 17 May 2023. The Register is the first step in the compensation mechanism. Its task is to register, record and categorise claims for compensation for damage, loss and harm caused by the aggression of russian federation against Ukraine, as well as related evidence.
The next step will be the establishment of a Compensation Commission, which is scheduled to start working in 2026. This Commission will develop a formula for calculating the amount of compensation and will review the claims submitted to the Register.
Claims that can be submitted to the Register
Claims that simultaneously meet three criteria can be recorded in the Register:
- the destruction, damage or loss of property occurred on or after 24 February 2022;
- the damage was caused on the territory of Ukraine within its internationally recognized borders; and
- the destruction, damage or loss of property was caused by the russian federation’s internationally wrongful acts in or against Ukraine.
All claims are categorised according to the announced 45 categories, divided into groups A (claims from individuals), B (claims from the state of Ukraine) and C (claims from legal entities). Each category is described in detail on the website of the Register, where claim forms and rules are available in English, French and Ukrainian.
New claim forms
The Register has finalized and published forms and rules for 30 out of 45 categories of applications, including the following categories of applications available to businesses: damage or destruction of residential and non-residential real estate (not intended for profit); damage, destruction, or loss of assets; loss of control over property in the temporarily occupied territories and relocation (evacuation) of business.
As of today, the Register accepts applications only from individuals regarding damage or destruction of residential real estate. However, the Register will gradually launch the possibility of submitting other applications.
The publication of forms and rules in most categories will allow affected individuals and businesses to start preparing applications and gathering the necessary documents and evidence.
Preparation of claims
Applicants must submit information that verifies their identity and evidence that confirms the occurrence of the destruction, damage, or loss. For example, a claim for loss of control over property in the temporarily occupied territories (category C.3.2) must include:
- a document identifying the legal entity and confirming the powers of the representative;
- a detailed description of the lost property;
- confirmation of ownership of the property;
- a detailed description of the events that led to the loss of control over the property; and
- information on the approximate amount of the claim with a detailed evaluation of the property.
The rules and claim forms do not set forth specific requirements for the form of evidence. Therefore, since the consideration and decision to record the claim in the Register is made on an individual basis, it is important that the submitted documents contain the most complete evidence. Amendments to the application may be made only before the application is submitted to the Board of the Register, which makes the final decision on whether to record (or not to record) the claim in the Register or return it for revision.
The claim must be submitted via the Diia web portal. Individuals may submit applications independently, and legal entities may submit claims exclusively through their representatives. The Rules on the Use of Representatives regulate the procedure for engaging representatives to submit claims to the Register.
All information and evidence provided with the claim are confidential, and the meetings of the Board of the Register to consider them are closed. Confirmation of the claim submission (along with a unique number) and decisions on it will be received via the Diia web portal.
By Kostiantyn Likarchuk, Senior Partner, Vadim Medvedev, Partner, and Oleksii Maslov, Counsel, Avellum
