Markiyan Bem, a lawyer and partner at the law firm “Nazar Kulchytskyy and Partners,” has prepared an analytical report titled “Register of Damage for Ukraine: Initial Conclusions and Challenges,” published by the Dnistryanskyi Center.

In this report, the author, along with an expert group, examines and analyzes:

• ● The main functions of the Register,
• ● The jurisdiction of the Register,
• ● The organizational structure,
• ● The working procedure of the Register,
• ● The categories of claims,
• ● The logic and mechanism of the Compensation Law dated February 23, 2023.

The report also investigates the challenges and limitations that significantly affect the ability to receive compensation. It was found that the Register of Damage caused by the aggression of the Russian Federation against Ukraine effectively works in favor of a minimal number of claimants, particularly within only one of the 40 provided categories, namely the damage or destruction of residential real estate.

The Council of Europe Register offers broader opportunities for submitting claims than national mechanisms such as Diia and the corresponding legislation. At this stage, the following points can be noted:

• ● The Compensation Law does not apply to property under the occupation as of February 24, 2022. At the same time, the Register’s jurisdiction covers the territory of Ukraine within its internationally recognized borders.
• ● To submit a compensation claim, a physical inspection by a specially created commission is required. Still, it is unclear how this should be conducted in territories occupied before the adoption of the Compensation Law.
• ● Information about most unfinished construction projects and other real estate is unavailable in Diia, which receives data from the State Register of Real Property Rights. That’s why the possibility of submitting claims to the Register for such objects is limited.

The project was implemented under the leadership of Ivan Horodyskyi, a lawyer and director of the Dnistryanskyi Center. The project’s expert group includes Markiyan Bem, Khrystyna Dumych, Sofiia Kosarevych, Anastasiia Onopriichuk, and Andrii Khimiak.

The material was prepared with the support of the International Renaissance Foundation within the project “#Compensation4UA/Compensation for War Damages for Ukraine. Phase III: Advocacy for Steps to Ensure a Sustainable Compensation Strategy.”