The international compensation mechanism is a system for compensating damage caused by russian aggression, based on an international multilateral agreement, and involves the creation of three institutions - the International Damage Register, the Special Compensation Commission, and the Compensation Fund.

According to the notification of the press service of the Ministry of Justice of Ukraine, starting from 2 April, 2024, individuals will be able to submit claims to the Register regarding one category of damages: “Damaged or Destroyed Residential Real Estate”, caused by actions of the russian federation on 24 February, 2022, or later, on the territory of Ukraine.

However, as reported by the press service of the Ministry of Justice of Ukraine, other categories for filing applications will gradually be introduced and opened in a certain order. Please note that each category of claims for compensation will have its own approved application form with a list of necessary evidence.

In summary:

The International Damage Register (hereinafter referred to as the “Register”) is the first component of the International Compensation Mechanism, created to collect and record claims from all interested individuals and legal entities, including the state of Ukraine, regarding damages, losses, or destruction caused by the internationally illegal acts of the russian federation against Ukraine.

Established on 17 May, 2023, at the EU Summit, The Register have its seat in The Hague, the Kingdom of the Netherlands.

43 countries and the EU have joined the Extended Partial Agreement on the Damage Register Inflicted by the Aggression of the russian federation against Ukraine, and have become participants of the Register.

At the Conference of Register Participants on 26 March, 2024, the Rules for Submission, Processing, and Inclusion of Claims, Categories of Claims that may be included in the Register, and the first form of the category of claims A3.1 “Damage or Destruction of Residential Real Estate” were approved.

Rules for Submission of Claims for Compensation for Damages “Damaged or Destroyed Residential Real Estate”.

Claims may be submitted in Ukrainian or English, however, the working language for processing and entering applications into the Register is English. Therefore, if an application is submitted in Ukrainian, an non-certified translation to English will be made by the Register.

All applications and evidence must be submitted exclusively in electronic form through the Ukrainian digital system “Diia” - either the mobile application or the web portal. Sending paper documents to the Register's postal address is not necessary.

In “Diia” there will be a special service where the applicant will need to fill in information about themselves and everything related to the damaged or destroyed real estate, as well as upload all the evidence (photos, videos, expert reports, inspection reports, court decisions, etc.).

Individuals can submit applications to the Register either independently or through a representative who must be properly authorized and/or identified in “Diia”.

Changes can be made to the completed application in “Diia” within 5 days, as the system allows you to save a draft of the application and submit it to the Register later.

There is no fee for submitting, processing, or entering applications.

The decision whether to include the submitted application in the Register will be made by the Register Council based on the processing results. The applicant will be informed of this decision through the digital system “Diia”.

It is important to note that the Register is not empowered to make decisions or award any payments or compensations regarding such applications since its main task is to determine the compliance of the submitted applications with the established criteria, their categorization, classification, and systematization.

In conclusion, it is important not to confuse the International Damage Register with the State Register of Property Damaged and Destroyed as a Result of Hostilities, Terrorist Acts, Sabotage, Caused by Armed Aggression of the russian federation against Ukraine, which was established on 13 June, 2023, according to the resolution of the Cabinet of Ministers of Ukraine No. 624.

For the purpose of systematizing these two Registers in “Diia”, when submitting an application to the International Damage Register, there will be a separate section specifically for information regarding the submission of applications to the State Register of Damaged and Destroyed Property and obtaining compensation from the state. Providing such information will be mandatory, as double compensation for the same damages cannot be allowed.

For additional information, please contact Andriy Savchuk, Partner, a.savchuk@moris.law and Solomiia Iosypenko, Associate, s.iosypenko@moris.law.