The collection of evidence in cases related to the armed aggression of the Russian military against our country is gaining special relevance. First of all, because the formation of an appropriate evidence base is the key to a well-founded court decision on the causes of the damage, the amount of such damage and the identification of the person whose fault such damage was caused. That is, a properly formed evidentiary base is in the future the basis for indemnifying physical and legal entities for material losses caused by the aggressor.
The most complete procedure for collecting evidence and recording all necessary information regarding material losses caused to physical and legal entities as a result of damage or destruction of real estate objects is outlined in the developed Action Algorithm for recording destroyed or damaged property.
However, we consider it appropriate to focus attention on some aspects.
Thus, when collecting evidence and recording the consequences of damage or destruction of real estate, it is necessary to record in as much detail as possible with the help of photographs and video materials, with mandatory voice accompaniment, the place of destruction or damage to the real estate object, that is, the place of the so-called “arrival”. Also, if possible, it is necessary to simulate the conditional direction of “arrival”, for this, based on the location of the place of destruction on the real estate object, the peculiarities of the placement of parts of the real estate object, determine the conditional direction from which the projectile or rocket could “arrive” with the directions of the world, locations of settlements on the other side, or other significant objects of the area.
A complete and detailed record of the location of the destruction of the real estate object will help to clearly and reasonably establish the cause of the destruction or damage of the object during the forensic examinations, and as a result of which actions the object was destroyed or damaged.
The publication was prepared within the framework of the Project “Increasing awareness among self-governing municipalities and citizens on recording the destruction caused by war”, which is implemented by the Ukrainian Association of District and Regional Councils with the support of the “Phoenix” Project, which is implemented by the Eastern Europe Fund at the expense of the European Union.