Innovation in the International Register of Damages: What Property Owners in Occupied Territories Need to Know

Even despite the obvious weariness of part of the world community from the war in Ukraine, both emotional and political, some processes continue to move steadily forward. One of the news was the opening of a new category in the International Register of Damages, which should become the basis for recording the damage caused and further reparations. This register, created by the Council of Europe and supported by many countries, is gradually turning from a declarative gesture into a tool capable of playing a practical role in restoring justice. The inclusion of new categories not only expands the scope of accounting for destruction and losses, but also demonstrates the readiness of international law to respond to new challenges.

Lawyers of the “Repeshko and Partners” Bar Association commented on the innovation in the International Register of Damages and its significance, and also talked about how to submit a relevant application.

The International Register of Losses has opened a new category for registering applications – A3.6 Loss of access or control over real property in temporarily occupied territories. This category includes persons who are owners or co-owners of immovable property, access to which was lost as a result of the temporary occupation of Ukrainian territories after February 24, 2022. It means that you do not have physical access to or use your property in the occupied territory because such access and control over the property requires the cooperation of the Russian Federation and its government, local and regional authorities or any entities owned or controlled by the Russian Federation. This can be forced eviction or deprivation of the ability to dispose of property, etc.

It is possible to submit a corresponding request to the register using the “ACTION” portal. For this you need:

• register or log in to the citizen’s account on the portal gov.uausing an electronic signature.
• Fill out the application and add information about the real estate object, specify ownership data, data about the circumstances of loss of access or control over the real estate and add evidence of these circumstances and indicate the desired amount of compensation.

It should be noted that there are no deadlines for the payment of compensation for this category yet, only the collection of information is ongoing, as a result of which the application and evidence will be submitted to the future compensation commission, the creation of which is ongoing, 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.

It is possible to submit an application to this category of the register in the presence of the following circumstances:

• you are the owner of real estate (residential or non-residential) located or located in the temporarily occupied territory of Ukraine; and
• you have lost access to or control of such property as a result of a full-scale Russian invasion beginning on February 24, 2022.

If a citizen has left his real estate in the temporarily occupied territory of Ukraine since 2014, but due to the full-scale invasion of Russia, he no longer has access to it, he can apply for the loss of access or control over the real estate, if the final loss of such access or control occurred due to the full-scale invasion of Russia, starting from February 24, 2022.

If a person has reason to believe that immovable property located in the temporarily occupied territories to which they do not have access has been damaged or destroyed, but they do not have any information or evidence to support this, a claim can be made in category A3.6 for loss of access to or control of immovable property in the temporarily occupied territories.

In addition, it is possible to consider the possibility of submitting an application in category A3.1. or A3.2, if there is relevant evidence of damage or destruction of property. Under this category, only the value of the property itself is reimbursed. If the claim also relates to other damages, such as lost income due to lack of access or control over the property, the claim should also be filed in a different category.

Ownership of immovable property can be confirmed by an entry in the State Register of Real Property Rights of Ukraine stating that you are the owner. If you tried to register your ownership right to real estate, but you were refused registration, then you should indicate this information in the application to the Register of Losses, attaching evidence to the answer (decision of the state registrar on refusal to register the ownership right).

It is also possible to confirm the right of ownership in another way, by providing, for example, the following documents:

• court decisions on recognition of property ownership;
• documents confirming the right of ownership registered before the State Register of Property Rights to Immovable Property of Ukraine began to operate;
• a certificate of the right to inheritance, a contract of sale, gift or gift;
• extracts from the State Register of Deeds, provided by a notary;
• a certificate of ownership or documents (certificates) from local technical inventory bureaus;
• technical passports of real estate objects;
• documents from local authorities confirming ownership;
• tax reporting documents;
• written statements of neighbors, representatives or managers of local ZEKs or other persons who can confirm ownership.

Keep in mind that this list of possible evidence is not exhaustive.

The Diya portal is a technical administrator that provides a convenient platform for submitting an application. The information included in the application is contained in the State Register of Property Rights. In case of incorrect display of information or the presence of errors in it, you should contact the Center for the provision of administrative services or a notary directly to correct the incorrect data.

An application to the international register under this category can be submitted from the age of 18 or from the age of 16, if the person has full legal capacity and you can prove it. One of the parents can submit an application in the interests of the child.

If the owners of the property are children and they are not reflected in the registers, it is necessary to contact the DRATS branch to check whether the RNOKPP of the parents is correctly entered in the child’s birth certificate. If the real estate object has several co-owners, each must submit an application separately. At the same time, each of the co-owners needs to specify the amount of compensation they wish to receive for their share of the property.

In case of loss of access and control over the property, but later its restoration, the person can submit an application for the period during which he did not have access or control over the property. If a person has regained access or control after submitting a claim, they must update their claim with this information. At the same time, if you do not know the geographic coordinates of your property, you do not need to specify them.

The application must be accompanied by all available evidence to support the fact of loss of access or control. When submitting an application, a citizen independently decides what evidence to provide in support of such an application. Possible evidence may include:

• relevant court decisions;
• refusal of permission or other refusal to enter the temporarily occupied territory;
• documents indicating that the property cannot be used, transferred or sold without dependence on the Russian authorities;
• messages from mass media, including online publications and information channels in messengers;
• written statements of neighbors, representatives or managers of local public utility companies or other persons who can confirm the loss of access or control.

This list of possible evidence is also not exhaustive. In the event that the person still does not have evidence that he has lost access to or control over the property, or does not have any evidence of the property’s value, it is still possible to file an application. In this case, you need to provide as much information as possible about exactly what happened to your property.

The following documents can be submitted as additional materials to the application:

• confirmation of the fact of loss of access or control over immovable property;
• confirmation of the amount of damages;
• data on the event that caused the loss of access or control over real property;
• confirmation of the real estate price;
• providing comments on any aspect of the application;
• other materials.

Files must be in PNG, JPG, HEIC format. The file size must not exceed 5 MB.

An application submitted in one category may, if necessary, be assigned by the Registry to another category.

In the event that the property was not occupied, but the person was forced to go abroad due to the war and therefore does not have access to or use the property, it is not possible to submit an application. This section of the registry applies only to property that was or is currently located in the occupied territory.

We would like to remind you that the International Register of Damages Caused by the Russian Federation’s Aggression Against Ukraine collects applications for compensation for damages, losses or damage caused by the aggression of the Russian Federation, starting from February 24, 2022, on the territory of Ukraine within its internationally recognized borders, as well as relevant evidence. The register was created by Ukraine, the EU and 42 other countries. The headquarters of the Register is located in The Hague

The following sections are currently available for submission of applications:

• 1 Forced internal displacement
• A2.1 Death of a close family member
• 2 Disappearance of a close family member
• 3 Serious injuries
• 4 Sexual violence
• 5 Torture or inhuman or degrading treatment or punishment
• 6 Deprivation of liberty
• 7 Forced labor or service
• A3.1 Damage or destruction of residential real estate
• A3.2 Damage or destruction of non-residential real estate
• A3.6 Loss of access or control over real property in temporarily occupied territories.

We recommend not to wait for the end of the war or the final decisions of international structures, but to prepare the basis for submission to the International Register of Damages right now. First, it is necessary to collect all the documents that confirm the right of ownership or co-ownership of real estate. These can be extracts from registers, sales contracts, certificates of inheritance rights, court decisions, etc. Secondly, it is worth recording the fact of loss of access or control over the property. It is about photo and video evidence, as well as eyewitness testimony, official reports of the authorities or materials of journalistic investigations. Thirdly, we advise you to keep a chronology of events: when and under what circumstances the owner lost control over the real estate, what restrictions arose, whether there was an attempt to appeal to state authorities or international institutions.

And finally, it is important to follow updates on the official website of the Register and consult with specialized lawyers regarding new procedures and changes that may affect the procedure for submitting an application or the list of required evidence. Systematic and timely preparation of documents will significantly increase the chances of successful registration of losses and subsequent compensation after the launch of a full compensation mechanism.