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Publication date: 20.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for receiving financial aid from the state for housing repairs is Restoration
ТекстThe mechanism for providing compensation for the restoration of property damaged as a result of hostilities, acts of terrorism, and sabotage caused by the armed aggression of the Russian Federation is determined by a special Procedure approved by Resolution No. 381 of the Cabinet of Ministers of Ukraine dated April 21, 2023 ( the procedure for compensation for damages caused by the war ).
According to Clause 3 of Order No. 381, the recipient of compensation is a natural person - a citizen of Ukraine who has reached the age of 18 and has submitted an application for compensation for damage through the Diya Portal, in particular using the Diya mobile application or in another way provided for by the compensation for damage to property during the war and is the owner (co-owner) of the damaged object, the ownership of which has been confirmed.
The recipient of compensation cannot be:
- persons to whom sanctions have been applied in accordance with the Law of Ukraine "On Sanctions";
- persons who have a criminal record for committing criminal offenses provided for in Chapter I "Crimes against the foundations of national security of Ukraine" of the Special Part of the Criminal Code of Ukraine;
- the heirs of the persons specified above, in the case when the object of immovable property belonging to the testator was damaged during the lifetime of such testator.
According to Clause 5 of Order No. 381, the primary right to receive compensation has:
- a participant in hostilities, a person with a disability as a result of the war, a person defined in Part 1 of Art. 10, Part 1 of Art. 10-1 of the Law of Ukraine "On the status of war veterans, guarantees of their social protection";
- a person called up for military service during mobilization, for a special period in accordance with the Decree of the President of Ukraine dated February 24, 2022 No. 65 "On General Mobilization" and who has not been granted the status of a participant in hostilities;
- a person with disabilities of groups I and II;
- large family;
- parents-educators of a family-type children's home;
- adoptive parents;
- foster carers;
- persons from the number of orphans and children deprived of parental care;
- guardians/custodians.
Order No. 381 defines that the compensation has a specific purpose and is provided for the purchase of construction products for the purpose of carrying out current or major repairs independently by the recipient of the compensation or by ordering the performance of relevant services and works under appropriate conditions and is compensation for war damage.
The norms of Order No. 381 establish that the first step is the submission of an information notice on damaged and destroyed real estate as a result of hostilities for compensation for losses as a result of war, acts of terrorism, sabotage caused by the military aggression of the Russian Federation, carried out in accordance with the Order approved by the resolution of the Cabinet of Ministers of Ukraine from 03/26/2022 No. 380.
The notification is submitted to the Register of Damaged and Destroyed Property through the Action, through the administrator of the center for the provision of administrative services or a notary public.
The formed information message is considered received on the day of its submission and is subject to registration and storage on the Diya Portal. The applicant is responsible for the authenticity of the data provided in the information message and automatically receives a notification via the Action Portal about the registration of the submitted information message. Clause 13-1 of Order No. 381 regulates the procedure for submitting an information notice in paper form.
The next step is to open a current account with a special mode of use for crediting compensation in one of the banks of Ukraine with which the Ministry of Digitization has concluded a relevant information interaction agreement, and to check the special account number (according to the IBAN standard) for the payment of compensation, information about which has been provided by the bank and which is available in the mobile application of the Diya Portal (Action).
An up-to-date list of partner banks is available in Diya when submitting an application for compensation.
Application for receiving compensation for damages caused by the war
it is possible to submit an electronic public service eRenovation in the mobile application of the Action Portal (Action) and to form it using the means of the Action Portal, in particular using the mobile application of the Action Portal (Action).
If available, it is also necessary to provide the consent of the co-owners of the real estate object to receive compensation by the applicant (in the case of joint ownership of the real estate object), as well as indicate the absence of restrictions established by Clause 4 of Order No. 381.
The applicant receives automatic notifications about the registration of the submitted application and the start of its consideration through the means of the Diya Portal, in particular using the mobile application of the Diya Portal (Diya).
In accordance with the provisions of paragraphs 10 p. 13 of Order No. 381, simultaneously with the submission of applications, the recipient of compensation undertakes:
- comply with the requirements of the Procedure, including regarding the targeted use of funds for the purchase of construction products for the purpose of carrying out repairs independently by the recipient of compensation or by ordering the performance of relevant services and works in accordance with the checklist;
- carry out measures to minimize the negative impact on human health and the natural environment during the performance of works to restore the operational suitability of the object, the list of which is given in Appendix 3 to the Procedure;
- after completing the repair work specified in the checklist, submit a message in the mobile application of the Diya Portal (Action);
- to facilitate verification and monitoring.
Clause 14 of Order No. 381 specifies that the sequence of applications accepted for consideration is automatically determined by the software of the Register of Damaged and Destroyed Property in the order of receipt of information messages, taking into account the priority right defined in Clause 5 of the Order.
The total term for consideration of the application should not exceed 30 calendar days from the date of its submission to the moment of entry into the Register of damaged and destroyed property of the decision on granting/refusal to grant compensation.
Grounds for stopping consideration of the application by the commission:
- non-submission or incomplete submission of information and/or documents within the scope of the list provided for in Clause 13 of the Procedure;
- the commission has documented information that the recipient of the compensation is suspected of having committed a criminal offense, provided for in Chapter I "Crimes against the National Security Foundations of Ukraine" of the Special Part of the Criminal Code of Ukraine.
In the case of a decision to stop the consideration of the application, the commission, within the period established for the consideration of the application, immediately, but no later than within the next working day from the day of making such a decision, informs the applicant about it.
The decision must contain an exhaustive list of reasons for stopping the consideration of the application, and the commission does not have the right to require the applicant to provide other documents, except for those whose absence was the basis for making a decision to stop the consideration of the application.
According to Clause 14 of Order No. 381, the grounds for refusing compensation are:
- submission of an application for compensation by a person who cannot be a recipient of compensation in accordance with this Procedure or does not have the authority to submit an application;
- detection of inaccurate data specified in the application for compensation for the damaged object.
Based on the results of the review of the application, the applicant is notified by means of the Diya Portal, in particular using the mobile application of the Diya Portal (Diya), about the decision made by the commission and the amount of compensation no later than within the next working day from the date of entry of the decision into the Register of destroyed and damaged property.
In the case of submission of an application in paper form in accordance with Clause 13-1 of Order No. 381 (submission of an information notice in paper form), relevant notices are brought to the attention of the recipient of compensation in writing by the commission/authorized body that made such a decision no later than during the following working day from the date of adoption of the relevant decision.
In accordance with Clause 16 of Order No. 381, the order of payment of compensation is determined taking into account the order of consideration of applications automatically by the software of the Register of Damaged and Destroyed Property, in the order of making a decision on providing compensation, determining its amount and taking into account the priority right specified in Clause 5 of the Order .
The compensation itself is provided to recipients through JSC "Oschadbank".
Within 12 months from the day of receiving the compensation, the recipient must use it for the purchase of construction products for the purpose of carrying out current or major repairs independently or by ordering the performance of relevant services and works, in accordance with the checklist.
Building materials purchased at the expense of compensation must be used exclusively for carrying out repair work on the damaged object and cannot be sold, donated or otherwise alienated.
The list of groups of construction products that can be purchased by the recipient with compensation funds is given in Appendix 1 of Order No. 381. The sale of goods of other groups is prohibited.
If the recipient does not use the compensation within the set period, the funds are returned in accordance with clause 21 of the Procedure compensation for war damages reparations for war damages.
