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Judicial procedure for compensation for damages
According to procedural legislation:
Recipients:
- individuals;
- legal entities of any form of ownership.
The body that makes the decision on compensation is the court
Sources of compensation:
- Funds for the restoration of property and destroyed infrastructure of Ukraine;
- international financial assistance;
- assets of the Russian Federation on the territory of Ukraine and other countries.
Stages:
Fixation of destruction:
- Acts on destruction of property, fire, etc. (State Emergency Service, local authorities);
- detailed photo and video recording of real estate before and after the event of destruction/damage;
- information from mass media;
- testimony of witnesses;
- conducting an inspection in accordance with the Procedure for conducting an inspection of construction objects put into operation.
If necessary, obtaining proper and admissible evidence about the amount of damages by appointing or ordering a forensic examination.
Executors – in accordance with Article 7 of the Law “On Forensic Expertise” – forensic experts of state institutions and experts who are not employees of the specified institutions.
Adoption of a court decision on the payment of compensation.
Execution of the court decision:
- executive proceedings under the current legislation of Ukraine.
- execution of the decision of the court of Ukraine on the territory of other states. A condition for the successful completion of such a procedure is the submission of properly executed
- documents, including the Court Decision:
- duly certified copy of the court decision;
- a certificate that the decision (sentence) has entered into legal force, if this does not follow directly from the text of the decision or sentence;
- certificate regarding the execution of part of the decision (sentence) or non-execution of the decision (sentence) on the territory of Ukraine.
Bottom line – the person receives full compensation for direct and indirect damages.
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.