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Publication date: 16.04.2024
lawyer, 23 years of experience in enforcement.
From February 24, 2022, martial law was declared in Ukraine due to the invasion of the Russian Federation and the territory of Ukraine. Starting from February 2022, many families lost their homes in connection with hostilities, therefore, compensation for war damages reparations for war damages, on February 23, 2023, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On compensation for damage and destruction of certain categories of real estate objects as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation" 2923-IX, which entered into force on 05/22/2023.
In accordance with Law 2923-IX, in order to consider issues of compensation for losses caused by the war, namely, regarding the provision of compensation for destroyed objects of immovable property, the executive body of the village, settlement, city, district in the city (if it is created) council (hereinafter - the executive body of the council), the military administration of the settlement or the military-civilian administration of the settlement establishes a Commission for consideration of issues regarding the provision of compensation for destroyed objects of immovable property as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation against Ukraine (hereinafter - the Commission ). An application for compensation for destroyed real estate is submitted to the Commission authorized to consider applications for compensation for destroyed real estate in the relevant territory. 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 and can be submitted to the Commission for consideration of issues regarding the provision of compensation: 1) in electronic form - by means of the Unified state web portal of electronic services; 2) in paper form - through the center for the provision of administrative services, the body of social protection of the population or a notary public. If the destroyed object of immovable property is jointly owned, an application for compensation for the destroyed object of immovable property can be submitted by each co-owner separately or by one of the co-owners of such an object. An application submitted by one of the co-owners is considered submitted by all co-owners in the absence of objections from other co-owners. Such objections are submitted by co-owners to the Register of Damaged and Destroyed Property.
Compensation for war damage, namely: compensation for destroyed real estate is provided by: 1) providing 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 house, garden or country house. Such an account is opened in the name of the recipient of compensation. The procedure for opening and maintaining such accounts is determined by the National Bank of Ukraine; 2) financing the purchase of an apartment, other residential premises, a manor-type house, 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. Priority right to compensation will be given to, compensation for damage to property during the war: participants in hostilities, people with disabilities as a result of war, war veterans, family members of fallen soldiers, mobilized, large families, people with disabilities of groups I and II.
The application for compensation is submitted regardless of the place of residence (stay) of an individual or the location of a legal entity. The procedure for compensation for damages caused by the war is determined by the Cabinet of Ministers of Ukraine.
Separately, it should be noted that according to Resolution No. 495 of the Cabinet of Ministers of Ukraine dated April 29, 2022, the formation of a housing fund intended for the temporary residence of internally displaced persons is carried out by village, settlement, city councils or bodies authorized by them by, in particular, buying out (acquiring) existing housing and construction of new housing.
Registration of citizens who need housing for temporary residence is kept by village, settlement, city councils or bodies authorized by them.
