On 2 April 2024, the application process for the International Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (the “Register”), was launched. The Register was established last year by the Council of Europe, and signed onto by 43 of its member states, as well as by representatives of the European Union, United States, Canada and Japan..
Key points about the Register:
The Register provides:
- documenting evidence and information on compensation claims for damage, loss or injury caused by the Russian aggression against Ukraine;
- processing of confidential information and evidence of damage compensation claims;
- classification of claims, assessments and the admissibility of claims.
Eligibility criteria
For the recording of claims in the Register, claims can be made in relation to incurred damage, losses or injuries caused:
- on or after 24 February 2022;
- on the territory of Ukraine within its internationally recognised borders, extending to its territorial waters;
- by the Russian Federation’s internationally recognised wrongful acts in or against Ukraine.
Claims, evidence, and related information can be submitted to the Register by the natural and legal persons concerned, as well as by the Ukrainian state (including its regional and local authorities, and state-owned or controlled entities).
Who can apply today and how?
The initial launch of the Register focuses on only one category – damage or destruction of residential real estate. Other categories will become available later.
As of now, only the individuals can submit applications.
All applications are submitted through the Diia portal. The application process is free of charge. It is worth noting that an application may be deemed "unfounded", which is why gathering evidence is a key issue. In the future, other means of filing an application may be available.
Presently, the Register serves information-gathering purposes only as the first stage of a wider International Compensation Mechanism.
Next steps for the International Compensation Mechanism
Subsequent steps for the Compensation Mechanism involve the creation of:
- a Claims Commission, which will directly review claims and award compensation, and
- a Compensation Fund, which will accumulate funds to pay compensation, including through confiscated assets of the Russian Federation.
Conclusion
The launch of the Register marks the next phase of the proposed International Compensation Mechanism, intended to be subsequently expanded and enhanced. Considering the composition of the founders of the Register, the proposed Mechanism has the potential to become a genuine opportunity for parties that have incurred damage in Ukraine as a result of Russian aggression to seek compensation.
For further information please contact Olexander Martinenko, Partner, at Olexander.Martinenko@kinstellar.com or Danylo Volovetskyi, Managing Associate, at Danylo.Volkovetskyi@kinstellar.com, +380 44 490 9575.
