On May 22, 2023, the Law of Ukraine No. 2923-IX “On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine” entered into force (hereinafter – the Law ).
Content and main provisions of the Law
The owner of a damaged/destroyed house or apartment can submit a claim independently through:
- Center for providing administrative services;
- social protection bodies;
- notary public.
You can apply regardless of where you are.
Individuals – citizens of Ukraine who are: owners of damaged and/or destroyed real estate objects will be able to receive compensation in accordance with Law No. 2923; by persons who invested and financed the construction of residential construction objects for which the right to perform construction works was obtained and which were not put into operation; by members of housing and construction (housing) cooperatives who bought an apartment or other residential premises of the cooperative, but did not issue ownership rights to it; or are the heirs of the specified persons.
Associations of co-owners of multi-apartment buildings, managers of multi-apartment buildings, housing and construction (housing) cooperatives that maintain the respective buildings can also receive compensation for the restoration of damaged common property of an apartment building.
Compensation for a destroyed object of immovable property is provided by:
1) provision of funds by transferring them to the current account of the recipient of compensation with a special mode of use for financing the construction of a manor-type house, garden or country house. Such an account is opened in the name of the recipient of compensation;
2) financing the purchase of an apartment, other residential premises, a manor-type house, a garden or country house (including financing the purchase of such premises/houses that will be built in the future, or investing/financing its construction) using a housing certificate.
The executive body of a village, township, city, district in a city (if it is created), the military administration of a settlement or the military-civilian administration of a settlement shall form a Commission for consideration of issues regarding the provision of compensation to consider issues related to compensation for destroyed real estate objects for destroyed objects of immovable property as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine.
An application for compensation for a destroyed object of immovable property is submitted to the Commission. Such an application is submitted during martial law and within one year from the date of its termination or cancellation in the territory where the destroyed object of immovable property is located (was located). An application for compensation for a destroyed object of immovable property is submitted for each destroyed object of immovable property separately.
The package of documents defined by the Law is certified by the applicant’s personal signature or his electronic signature based on a qualified electronic signature certificate. And in the case of submitting an application for compensation for a destroyed real estate object in paper form, the applicant presents the administrator of the center for the provision of administrative services, an official of the social protection body or a notary public with the originals of the documents attached to such an application (if available).
As sources for reimbursement, the following are considered:
1) funds from the state budget (including the Fund for the Restoration of Property and Destroyed Infrastructure, the Fund for Liquidation of the Consequences of Armed Aggression) and local budgets;
2) funds of international financial organizations, other creditors and investors;
3) international technical and/or repayable or non-repayable financial assistance;
4) reparations or other charges from the Russian Federation;
5) other sources not prohibited by the legislation of Ukraine.
Local self-government bodies can approve local programs and create funds for the purpose of providing compensation and restoration of damaged/destroyed (destroyed) real estate objects.
Registration of an application for compensation for a destroyed object of immovable property is carried out automatically by the software of the Register of Damaged and Destroyed Property with the assignment of a registration number in this Register.
An application for compensation for a destroyed object of immovable property is sent to the Commission for consideration automatically by software means of the Register of Damaged and Destroyed Property.
The applicant, who submitted an application for compensation for a destroyed real estate object in electronic form, automatically receives a notification about the registration of the submitted application by means of the Unified State Web Portal of Electronic Services.
The term of consideration of an application for compensation for a destroyed object of immovable property by the Commission for consideration of issues regarding the provision of compensation should not exceed 30 calendar days from the date of submission of the application.
The full text of the document can be found at the following link: https://zakon.rada.gov.ua/laws/show/2923-IX#Text
The publication was prepared within the framework of the project “Raising awareness among self-governing local governments 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.
The opinions expressed in this material do not necessarily reflect the position of the Eastern Europe Foundation and the European Union.