International Register of Damage: How to Submit a Claim

Last May, the Register of Damage Caused by the Aggression of the Russian Federation was established under the auspices of the Council of Europe. Despite optimistic forecasts, it took some time to form the Register’s governing bodies and adopt the rules and regulations necessary for its operation.

On April 2, the Register of Damage opened for the submission of claims under the first category—damaged or destroyed residential property of individuals.

The International Register of Damage is the first component of the future international compensation mechanism for damages caused by the aggression of the Russian Federation. It will collect, process, and record claims from victims. However, the Register will not directly consider claims for damages on the merits, make an assessment of losses, or decide on the appointment of any payments or compensations. This will be the responsibility of an ad hoc claims review commission, which is in the process of being established. Later, legal entities and the state of Ukraine will also be able to submit a claim for damage in the Register, in addition to individuals, for more than 40 different categories of damage.

In the meantime, we provide an explanation for Ukrainians on how to do it.

Damage for which you can submit a claim now

Unlike the state compensation program eRecovery, Ukrainians will later be able to submit a claim to the International Register of Damage not only for destroyed or damaged property. For individuals, there are about 20 more categories of damage, including bodily injury, torture, sexual violence, forced and involuntary displacement.

At this stage, you can submit a claim to receive compensation for destroyed or damaged residential property: a private house, an apartment, a country or garden house, or other residential premises.

How do I submit a claim to the Register?

An adult citizen of Ukraine who is the owner of damaged or destroyed housing can submit a claim. The co-owners of the immovable property (e.g., spouses) must submit separate claims in respect to their shares. Subsequently, the opportunity to submit a claim will also be provided to representatives of the owners, in particular regarding minors.

Each co-owner can specify the desired amount of compensation. However, it should not be deliberately unreasonable or inflated. You should bear it in mind that you will not necessarily receive the desired compensation. The exact amount will be set by the claims review commission, which will be established later.

Currently, the claim can only be submitted through the Diia mobile app.

Subsequently, this could also be done through the Diia website. For those who do not have the opportunity to use it, a support system will be created.

The claim is to be submitted for each damaged/destroyed object separately. In the future, claimants will be able to submit more than one claim, in particular for different categories of damage.

NB! You can submit a claim for compensation for damages even if you have already received compensation under the eRecovery program. But then the compensation will be paid, considering what the state has already provided.

When submitting a claim, you must provide information about:

–       the identity of the claimant;

–       damaged/destroyed object, including ownership rights to it;

–       the submitted claim regarding damage or destruction of property (this can be done using the “Report Damaged Property” services in Diia);

–       circumstances of the event that caused damage/destruction to the object;

–       description and assessment of the damage or destruction, as well as information on the estimated amount of the compensation claim.

Some information, in particular about the circumstances of the damage/destruction of housing, will be automatically pulled from the Register of Damaged and Destroyed Property. But the claimant will be able to add more data, for example, on the assessment of losses. You can read more about the claim form here.

The following should be added to the claim:

–       a certificate of property inspection by a commission (if the inspection was carried out earlier, it will automatically be pulled up in the application; if not, it can be obtained by contacting the local authorities or by applying for compensation within the framework of eRecovery);

–       property valuation reports.

NB! At the first stage, a claim for damage or destruction of residential real estate can be submitted by those claimants who have a commission inspection certificate. In a few weeks, property owners who have not applied for assistance within eRecovery or cannot obtain a commission inspection report, in particular because their property is located in the temporarily occupied territories, will be able to submit such a claim.

We also recommend providing any available materials confirming, in particular, the fact and amount of damage caused and the cost of housing and repair costs: documents, records, statements, photographs, etc.

There is no submission fee.

The person receives a notification in Diia on submitting a claim to the Register of Damage, which contains the unique numbers of the claimant and the claim.

NB! After signing the claim, the information contained in it cannot be changed, but the claimant can provide additional materials regarding the damaged or destroyed object or withdraw the already-submitted claim and submit a new one.

What are the conditions for accepting claims for consideration?

The criteria for the eligibility of claims are determined by the Charter of the Register of Damage, as well as enshrined in the Rules Governing the Submission, Processing and Recording of Claims.

Claims must be submitted in respect of losses or damages inflicted:

–       starting on or from February 24, 2022;

–       on the territory of Ukraine within its internationally recognized borders, including its territorial waters;

–       by wrongful acts of Russia in Ukraine or against Ukraine.

Recently, the government of Ukraine approved the Procedure for Submitting Claims to the Register of Damage. This document clarifies the conditions for submitting claims:

–       registered ownership rights to a damaged/destroyed object in the State Register of Real Rights to Immovable Property;

–       mandatory availability of a commission inspection certificate for damaged and destroyed property, which is carried out by a commission under a local self-government body*;

–       restrictions on the submission of a claim by a person who is sanctioned in accordance with the Law of Ukraine on Sanctions, or who has a criminal record for committing criminal offenses provided for in Section I Crimes against the Foundations of National Security of Ukraine of the Special Part of the Criminal Code of Ukraine.

*temporary condition

This Procedure will be supplemented when the remaining categories are launched, or new technical capabilities are introduced.

What’s next?

Claims will be processed in two stages.

At the first stage, they will be checked by the Secretariat of the Register for compliance with formal and technical requirements. It will also preliminarily assess whether the claims meet the eligibility criteria.

After the verification by the Secretariat, the claim will be considered by the Board of the Register. It may decide whether to record the claim in the Register or return it for revision. Claimants will be notified of the decision through Diia.

NB! There is no established deadline for verification and consideration of claims yet.

The Board or the Secretariat of the Register may also request that the applicants provide rectifications, clarifications on the claims submitted, or additional information or evidence. Interaction with claimants will take place only in electronic form.

When can I obtain the compensation? 

The Register does not consider claims on the merits, does not award or pay compensation to claimants. This will fall within the mandate of the ad hoc commission, which is already in the process of being established by partner countries. In addition, it is necessary to form a fund from which compensation will be paid.

In the meantime, you should not expect to receive compensation soon, which is confirmed, in particular, by the forecast of the Executive Director of the Register of Damage. However, the shift in the issue of transferring income from frozen assets of the Russian Federation to Ukraine, which is likely to become the basis of the compensation fund, gives grounds for cautious optimism.

What other applications could be submitted in the near future?

According to the Executive Director of the Register, other categories are soon planned to be opened: statements from persons most affected by the war (those injured, victims of violence and torture, forcibly displaced persons), and statements related to damage or destruction of critical infrastructure.

In addition, representatives and foreigners will soon have the possibility to submit claims.

The material was prepared within the framework of the USAID/UK aid TAPAS Project/Transparency and Accountability in Public Administration and Services.