The determination of damages caused by the armed aggression of the Russian Federation is one of the initial steps toward obtaining compensation and holding the aggressor accountable in court.
to the lead lawyer
Therefore, in the event of shelling, fire, or explosion, an entrepreneur will require an expert assessment in order to calculate the damages — from the extent of destruction and the possibility of restoring real estate to lost profits due to the inability to fulfill contractual obligations. The legal company “DE JURE” helps to organize expert assessments in a short timeframe.
The determination of business damages takes into account the actual harm caused to enterprises, institutions, and other business entities of all forms of ownership as a result of the loss, destruction, or damage of their property due to the armed aggression of the Russian Federation; the assessment (calculation) of lost profits due to obstruction or impossibility of conducting business activities; as well as the assessment of the needs for restoring the property of business entities.
Depending on the approach chosen by the business owner whose enterprise has been affected by hostilities, the amount of damages may be determined by a forensic expert examination or an independent appraiser. In each specific case, taking into account the goal the affected party aims to achieve, the company “DE JURE” will advise what exactly should be ordered (an appraisal report, a technical report, or a forensic expert opinion) in order to facilitate compensation for the damage.
Damage assessment and expert examination of a company’s property are carried out after an event that occurred as a result of the military aggression of the Russian Federation. The first to record the destruction are state services — the State Emergency Service (SES), the police, or the Security Service of Ukraine (SBU), which arrive at the scene. The entrepreneur must obtain from them a copy of the report and documents related to the criminal proceedings (an extract). It is also advisable to obtain victim status in relation to a war crime.
The fact of property damage must be recorded by an inspection commission established by the local self-government body (in Odesa, for example, the Department of Urban Improvement) or the relevant military administration. In cases of serious damage, complex or disputed situations, the commission may order or recommend that the affected party obtain a technical expert opinion, which assesses the degree of structural damage to the building in terms of the possibility and method of restoration and further use.
The commissions prepare an act and enter the data into the State Register of Damaged and Destroyed Property, which is maintained through Diia. If a business owner wishes to register the destruction in the Register of Damage for Ukraine (RD4U) in order to access international compensation mechanisms, it is advisable to seek legal assistance.
A forensic expert and/or professional appraiser usually becomes involved at the next stage of preparing a court claim. Their task is to assess the damages in monetary terms. This also significantly supports the submission of claims to international compensation mechanisms, as the amount of damage is determined accurately and professionally.
Before ordering a forensic examination, technical assessment, or independent valuation, it is advisable to attend a consultation with a “DE JURE” lawyer, conduct a preliminary audit, and agree on a compensation strategy, since each case is individual. Depending on the chosen course of action, different types of expertise may be required, and organizing the inspection requires time and financial resources. A specialist will help select the appropriate type of expertise and, if necessary, an expert or appraiser.
The documents provided by the client must confirm ownership or other legal rights to the destroyed/damaged property (real estate, production equipment, vehicles, goods, materials, etc.), the fact of its damage, and evidence of a causal link between the military aggression of the Russian Federation and the destruction of the property (SES report, extract from the criminal proceedings register).
At the time of consultation, it is also advisable to carry out an initial collection and documentation of evidence of damage:
If the affected party applies immediately after the incident, a “DE JURE” lawyer will provide legal assistance in collecting all necessary documents.
How is an expert assessment organized: selection of an expert, tasks, methodology, timelines, and budget?
Experts perform their functions depending on the client’s requirements. In large enterprises, in case of force majeure, damage documentation is handled by an accountant and a lawyer — they engage an expert and work with them. In small businesses that do not have a legal department, it is advisable to contact professional lawyers from the “DE JURE” company.
Independent damage assessment is a complex issue. The methodology developed and approved by the Cabinet of Ministers is used both by forensic experts and professional appraisers. In addition, there are technical experts who, during a preliminary inspection, can assess the technical condition of an object without evaluating its financial value. The lawyer effectively takes on the role of a coordinator, engages the necessary specialist, and bears responsibility to the client.
Legal support for damage assessment and compensation — from initial audit to receiving payments — increases the chances of success. Properly prepared documentation, timely recording of damage, and correct interaction with appraisers are key conditions for obtaining state support.
Legal assistance in damage assessment and compensation may include:
A court decision against the Russian Federation or its representatives (state entities and individuals involved in organizing and financing military actions against Ukraine) may be recognized and enforced in foreign jurisdictions where their assets are located. Thus, the cost of restoration work is financed by the aggressor country.
Qualified legal support and properly conducted expert assessment help achieve the client’s goals — obtaining compensation under Ukrainian state programs or a court decision against the Russian Federation, which enables the seizure of aggressor assets and payment of compensation. Such a court decision may serve as a basis for foreign courts to award compensation for the client’s losses. “DE JURE” also assists with preparing documents in accordance with procedural requirements for foreign litigation.
| Legal consultation regarding consultations for individuals and legal entities on issues related to compensation for war damages | 2000 UAH |
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