War brings not only physical destruction, but also profound social and economic consequences for every citizen. Losing a home, business or even loved ones is a reality faced by millions of Ukrainians. Although no amount of money can compensate for human lives, restoring justice remains a key task for the state and the international community.
It was for this purpose that the International Register of Damages (RD4U) was created, which is designed to record all crimes and destruction caused by the Russian Federation against Ukraine. It became the first step towards the future compensation of Ukrainian victims. But how exactly does this mechanism work, who can apply, and does registration guarantee a refund? The lawyers of the “Repeshko and Partners” bar association answered these questions of “FAKT” IA, who explained the mechanism of registering losses and the prospects for receiving compensation.
Despite the rather difficult times, the state tries to help ordinary citizens who find themselves in a difficult situation. It is clear that no amount of compensation can ease the pain of losing a loved one. But the belief in justice and the fact that no crime will go unpunished helped the international community to create the International Register of Damages Caused by the Russian Federation’s Aggression Against Ukraine (“RD4U”).
This register was created to collect applications for compensation for damages, losses or damage caused by the aggression of the Russian Federation against Ukraine, starting from February 24, 2022, on the territory of Ukraine within its internationally recognized borders, to all interested individuals and legal entities, as well as to the state of Ukraine, and is the first step of the international compensation mechanism. The register was created by Ukraine, the EU and 42 other countries, it is located in The Hague
Two categories in the register
The activity of this register is divided into two categories:
- Application to the International Register of Damages for reparations (compensation) related to damages due to destruction or damage to housing located on the territory of Ukraine within internationally recognized borders as a result of internationally illegal actions of the Russian Federation in Ukraine or against Ukraine, starting from February 24, 2022. You can submit an application for reparations to the International Registry of Damages, even if you have already received compensation under the isRecovery program. If the property has several co-owners, each must submit an application separately.
- Application to the International Register of Damages for reparations (compensation) related to mental pain and suffering caused by the death of a close family member or other family member in respect of which you have a legitimate interest in filing a claim, as a result of the internationally illegal actions of the Russian Federation in Ukraine or against Ukraine, starting from February 24, 2022.
A little more is known about the effect of the Register of Damages on reparations (compensation) related to damages due to the destruction or damage of housing located on the territory of Ukraine. At the same time, regarding the effect of the Register of Damages on reparations (compensation) related to mental pain and suffering caused by the death of a close family member or another family member, not everyone knows about its existence, and therefore the possibilities and rules of use.
Regarding the consideration of these applications. After the application is checked for compliance with the accepted rules and entered into the Register, the application and the evidence to it will be transferred to the future compensation commission, which is being created, for consideration and decision on the amount of compensation.
This service was created so that those who lost relatives as a result of shelling, hostilities, occupation, mine explosions, torture, evacuation attempts and other tragedies caused by Russian aggression could submit their applications to the international Register of Damages for Ukraine, and later, when the next elements of the international compensation mechanism are created, receive compensation for the suffering caused by the grief.
The application can be submitted for both civilian casualties and military casualties. It is possible to submit an application on the “Diya” portal at link
Who can apply?
- Parents of the deceased (born, adoptive parents (biological, legally recognized adoptive parents) or stepfather or stepmother (husband or wife of one of the parents);
- Partners of the deceased (legally married or someone who had a family relationship with the deceased – regardless of gender),
- Children of the deceased (born (biological), legally recognized adopted child or stepson/stepdaughter (child of spouse or civil partner));
- Other family members (who will prove the existence of a special relationship or dependence on the deceased who is not a close family member, but had a close relationship with the deceased and elements of dependence that differ from ordinary kinship and can provide evidence of this).
At the same time, you should know that each family member from these categories has the right to submit a separate application.
Among the events that caused death, you can choose:
- Active hostilities;
- Shelling — aerial, artillery, mortar, small arms, etc.;
- Violence in occupied territories and war zones;
- Illegal deprivation of liberty, kidnapping;
- Detonation with mines or explosive devices;
- Torture, inhuman treatment, humiliation;
- Attempt to evacuate from the occupied territories;
- Destruction of Kakhovskaya HPP;
- Humanitarian crisis — lack of medical aid, inaccessibility of food and water, diseases caused by unlivable conditions;
- Other circumstances that you did not find in the list and that you can indicate yourself when filling out the application (punishment, imprisonment, etc.).
Currently, only adult citizens of Ukraine can apply to the registry. That is, you can apply from the age of 18 or from the age of 16, if you have full legal capacity. In the future, the technical possibility of submitting applications for children and those under guardianship will be provided.
How to submit an application
To submit an application to the registry, you need to take the following steps:
- Register or log in to the citizen’s account on the portal gov.uausing an electronic signature.
- Fill out the application:
- enter information about the deceased family member,
- circumstances and place of death,
- attach documents confirming the fact of death
- confirm family ties.
- Sign with an electronic signature and send the application.
We would like to draw your attention to the fact that the loss register will check your application and enter it into the Register. After the development of the compensation mechanism, the application and the supporting evidence will be submitted to the future application review commission for consideration of the merits and decision on the payment of compensation.
In the future, the statement and the evidence to it will be submitted to the future compensation commission, which is still being created, for consideration of the merits and a decision on the amount of compensation. The status of the application and a notification about the progress of the review will be sent to the citizen’s office in the “Pay attention” section and to e-mail. Therefore, the deadline for considering the application has not been determined at the moment.
To confirm civil partnership, close relationships and elements of dependence, the following documents must be submitted to the registry:
- court decision;
- certificates of the right to inheritance, wills;
- family registration records;
- documents on joint residence;
- financial documents (joint bank accounts, joint credit card statements, mortgage contracts, bank guarantees, joint accounts, evidence of joint expenses);
- correspondence addressed to both persons at the same address (letters, parcels, official documents);
- social media and digital activity (public digital activity as a couple, shared photos, status updates or online interactions);
- photographs;
- medical and insurance records (designation of emergency contacts, beneficiaries or dependents);
- documents confirming the right to receive a pension or benefits in connection with the loss of a breadwinner.
Note that the list of these evidences is not exhaustive. The applicant can submit any documents that can prove a civil partnership or a close relationship and elements of dependence with a deceased close family member. A civil partner in the sense of the register is a person, regardless of gender, who at the time of death maintained a long-term close relationship with the deceased, lived and led a common life with him/her, shared significant expenses with the deceased, or provided assistance to each other and supported other elements of family relations. The civil partner must submit evidence confirming the existence of a civil partnership with the deceased.
Is it possible to submit an application if the death of a close family member occurred outside the territory of Ukraine
Our clients are often concerned about the question, is it possible to file an application if the death of a close family member occurred outside the territory of Ukraine? Application in category A 2.1. “Death of a close family member” can also be filed in case of death outside the territory of Ukraine, but only if it is directly related to the internationally illegal actions of the Russian Federation in Ukraine, starting from February 24, 2022.
With regard to filing a claim, if a person died in the occupied territory, it is possible to submit a claim to the Register of Damages if the death data are entered in the Register of Civil Status Acts (CRCS) and there is a death certificate issued by the CRCS in accordance with Ukrainian legislation. In order to enter information about death in the temporarily occupied territories in the register of civil status acts and to obtain a death certificate of the state standard established by Ukraine, it is necessary to submit an application to the court to establish the fact of death and evidence for it in a separate proceeding. This can be done through the Electronic Court or by applying to any general court. There is no need to pay a court fee for such an application
An application to establish the fact of death can be submitted by family members, their representatives or other interested persons. In the application, it should be noted that the applicant requests to establish the fact of death, indicate the reasons for the impossibility of obtaining or restoring documents confirming this fact, and add:
- evidence of death – medical conclusions (certificates) about death or birth; death certificates issued in the occupied territory, photographs, witness statements;
- documents confirming family ties (marriage certificate, birth certificate, etc.), etc.
A copy of the court decision is issued to the parties to the case immediately after its adoption and is sent by the court to the DRATS department at the place of adoption of the decision. After the court’s decision, you can contact the convenient department of the DRATS to make an act entry to the DRATS and to obtain a death certificate.
Fill in all sections very carefully, because it is impossible to change an application that has already been submitted. However, you can add materials to it or withdraw and resubmit the application.
If at any step incorrect data on the death of the deceased/deceased person for whom you want to submit an application were uploaded, contact the DRATSS department to check the data in the death record. After updating the data in the death certificate, you will be able to submit an application.
Remember that registration in the International Register of Damages (RD4U) is an important step in recording the damage caused, which can be the basis for future compensation. Although the payment mechanism is still being developed, submitting an application now will establish your right to compensation in the international legal field. At the same time, carefully collect and save all possible evidence of the damage caused: photo and video materials, real estate documents, destruction certificates, eyewitness accounts. It is also important to seek legal assistance from qualified lawyers, who will help you prepare the application correctly and avoid mistakes.
The main thing is not to delay. The sooner your losses are recorded, the higher the chances of receiving fair compensation in the future.
