We protect the rights of individuals and legal entities who have suffered from russia's actions.
to the lead lawyer
Compensation for war losses is a new area of activity for the law firm, the goal of which is to obtain compensation for individuals and legal entities who suffered from the aggression of the Russian Federation through Ukrainian and global programs.
If we analyze the key trends and directions of legal practice for the coming years, then compensation for military losses and damages, starting from 2023-2024, is confidently included in the TOP-5 legal practices. Unfortunately, a large number of victims do not take active measures to record and compensate for losses. In particular, a very small number of applications reach the International Register of Damages. However, such applications are not only a chance to receive compensation, but also a real opportunity to put pressure on the aggressor and draw the world’s attention to his crimes. Therefore, the law firm “DE-JURE” sees its mission in providing legal assistance to individuals and legal entities who have suffered from russia’s actions.
Cases on compensation for the consequences of Russia’s military aggression against Ukraine are gradually becoming more common in the practice of “DE-JURE”. Legal consultation on compensation for damages consists of the following stages:
Cases on compensation for damages from war actions involve a lot of time for communication with the client, discussion of various issues, study of acts of competent authorities, expert opinions, assessment reports, communication with the investigation, etc.
Compensation for material damage in an administrative manner is regulated by Law No. 2923-IX, Resolution of the Cabinet of Ministers No. 381, this is the “E-recovery” program. In addition, compensation can potentially be obtained through judicial authorities. Therefore, it is important to record the damage caused by military actions as fully as possible. This includes a copy of the act drawn up by the State Emergency Service arriving at the scene of the incident (arrival, fire), the act of destruction (damage) of property, which the owner of the affected enterprise draws up independently, acts of commissions of local government bodies, results of assessment or examination, and others. The act of destruction/damage to property may contain full photo-video recording of the consequences of the event, and it may be signed not only by employees of the enterprise, but also, preferably, by representatives of state bodies, local government bodies, military administration, etc. In many settlements, the owner or user of the affected property calls a local commission to enter data into the state register of damaged property. If possible, it is also worth recording news in the media covering this war crime and its consequences.
Obtaining a court decision in a criminal case on violation of the rules of war and submitting it to the International Register of Damages are usually carried out in parallel. The decision of the Ukrainian court, in turn, is the basis for recognizing the obligation of Russia or its representatives (state bodies, enterprises) to compensate for the damage. In the future, such a decision may be recognized and enforced in another country. Already at the stage of consideration of the case, a foreign court may seize the assets of Russia and its individuals.
A “DE-JURE” lawyer helps the client to correctly draw up documents for the initial recording of material damage (acts, inventory, assessment, expert opinions, etc.), and prepare a claim for compensation for damages to the court. Or he advises and helps to accompany the client on other options (filing in a foreign court or arbitration). If the client wants to use the Ukrainian state compensation program, a “DE-JURE” lawyer will accompany him on this path.
In parallel, a lawyer can help prepare an application to the International Register of Damages and fill out the International Criminal Court form.
The commission for the inspection of buildings and structures damaged by the aggression of the Russian Federation and a court expert/professional appraiser can work in parallel. The task of the commission (for example, in Odessa, the Public Works Inspectorate is responsible for this) is to record the fact of property damage as a result of military operations, enter data into the state register of destroyed and damaged property, and the court expert or professional appraiser directly assesses the damage in monetary terms. In some cities and in the most difficult cases (significant damage or complete destruction of the object), the commission may order the opinion of a technical expert who assesses the degree of damage to the building structure.
The court expert is called either by the investigator in the framework of a criminal case, or by the victim himself at his own expense for assessment in a future civil or commercial case against the Russian Federation. The company “DE-YURE” can help with the search for a professional and decent expert/appraiser who adheres to deadlines and will cooperate with him in the process of assessing the damage.
A claim in a Ukrainian court goes hand in hand with filing with the International Registry of Damages and filling out forms with the International Criminal Court. Thus, a claim in a court in Ukraine is another important step on the path to receiving compensation and holding the aggressor accountable.
The international register of losses works not only with individuals, but also with business owners who have suffered as a result of Russian war crimes. But while the submission process for individuals is as simple as possible, legal entities need the help of professionals, as there are many subtleties and nuances that are quite difficult to understand on your own.
The law firm “DE-JURE” cooperates with non-governmental organizations that can find Russian assets around the world, as well as with lawyers and advisors from foreign jurisdictions. This is a painstaking and expensive job, but it is important to understand: Russian assets can be seized and turned into compensation. For example, a Ukrainian court finds a certain Russian oligarch-owner of a bank guilty of selling missiles that hit a Ukrainian region, including a specific enterprise. The client can appeal this court decision to a court in Belgium or another country where the assets of this oligarch are located. After going through the procedure for recognizing the Ukrainian court’s decision and reviewing other evidence, the Belgian or other court decides to seize the assets. From these funds, the victim can receive compensation for the damage caused.
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