Recording the fact of damage from the armed aggression of the russian federation

What is the documentation of losses caused by shelling by the russian federation?

Documentation of losses caused by shelling by the russian federation is an official procedure for collecting an evidence base necessary to confirm the fact of loss or damage to property (movable and immovable) or business. This includes obtaining an official report from the State Emergency Service of Ukraine or the police that arrived at the scene of the shelling, photo and video documentation of the destruction, and organizing judicial, economic, and construction expert examinations.

Why is documentation of losses caused by shelling by the russian federation necessary in court?

Documentation of the consequences of shelling by the russian federation and proving a direct causal link between this event and the loss or damage to property, which resulted in the enterprise’s inability to fulfil its obligations, serves as evidence that encourages the court to issue a decision recognizing the russian federation or its representatives as responsible. If such an opportunity exists, a Ukrainian court may order the seizure of russian assets on the territory of Ukraine and the payment of compensation from these funds. If such assets are unavailable, the decision of a Ukrainian court may become the basis for a court in a foreign jurisdiction to carry out judicial recovery of damages from the russian federation.

In which cases can damages be recovered from the russian federation?

Damages caused by the armed aggression of the russian federation can be recovered in all cases where property has been affected by shelling, a drone strike, or other military actions. If the russian federation has caused losses through its actions, including the destruction or damage of property, the value of movable and immovable assets can be recovered through court proceedings.

What does the documentation of the consequences of shelling include?

The collection of evidence of losses primarily includes determining which property has been damaged (destroyed) and the extent of the damage, as well as how and under what circumstances it occurred.

Documentation of war-related damage includes:

• photo and video recording of the event and its consequences (for example, the shelling itself could have been recorded by a camera located near the facility);
• a property damage report issued by a State Emergency Service of Ukraine team that arrived at the scene;
• an extract from criminal proceedings prepared by the police or the Security Service of Ukraine upon arrival at the shelling site;
• property damage inspection reports — prepared by a commission of an authorized body (city council, military administration) with information entered into the register of destroyed and damaged property;
• an expert report (judicial or independent).

The company “DE-JURE” organizes expert assessment of losses (from construction expertise in cases of property destruction to economic expertise calculating lost profits, losses caused by disruption of logistics chains, and reputational damages resulting from failure to fulfil concluded agreements) depending on the specific situation and ensures compliance with deadlines.

How is business loss assessment conducted after shelling?

The assessment of business losses caused by shelling depends on what exactly was affected and what the damage consists of. As a rule, the following types of expert examinations are carried out:

• construction expertise in cases of destruction or significant damage to real estate;
• commodity expertise, which includes the examination of movable property: goods, materials, components, production equipment, and vehicles;
• economic expertise, which calculates enterprise losses after shelling, including lost profits.

The expert examination is carried out by judicial experts or independent appraisers who are certified and have the right to conduct such assessments.

How to file a claim and obtain a court decision on recovery from the russian federation?

Filing a claim and obtaining a court decision on recovery from the russian federation is another step towards compensation. A claim to a Ukrainian court is submitted in parallel with filing an application to the International Register of Damage (RD4U) and completing forms for the International Criminal Court.

The case against the russian federation is supported by the law firm “DE-JURE”. Our specialists also help select an expert appraiser and prepare a report — the result of their work — in accordance with international requirements.

What difficulties arise in cases of recovering damages from the russian federation?

Ukrainian courts consider numerous cases regarding the recovery of damages from the russian federation and, in most cases, issue decisions in favour of the claimant. However, during the consideration of a case, a number of difficulties may arise:

• incomplete documentation of damage;
• damage not entered into the damaged property register;
• errors in preparing the expert assessment;
• problems with enforcement of the court decision.

Despite the fact that the Supreme Court recognized that the russian federation does not have state immunity and must compensate damages caused by armed aggression, there is currently no effective mechanism for the compulsory enforcement of decisions on recovery of damages from the russian federation.

There are almost no remaining russian assets in Ukraine that can be seized and used to pay compensation to victims, while regarding the seizure of russian funds abroad, there is currently no political decision by the EU. However, this situation is gradually changing. Therefore, participation in the process of recognition of a Ukrainian court decision by a foreign jurisdiction still makes sense despite all the difficulties.

How does the consultation on recovery of damages from the russian federation take place?

During a legal consultation, it is important to understand the client’s further plans. The client may wish to receive compensation for destroyed property through court proceedings, use a Ukrainian state program, or submit an application to the International Register of Damage in order to later have the opportunity to apply to the International Compensation Fund.

The lawyer explains the prospects of all available options and further acts in accordance with the chosen strategy: reviews how the losses from the shelling have been documented, assists with damage assessment, and helps collect evidence for the court.

What documents should a client provide to receive a consultation on recovery of damages from the russian federation?

During a consultation regarding compensation for business losses caused by the war, the client should provide all available documents confirming the destruction of property. For example, these may include:

• documents confirming ownership rights to the damaged property (in particular, extracts from the state register);
• a property damage report issued by the State Emergency Service of Ukraine;
• an extract from criminal proceedings prepared by the Security Service of Ukraine or the police;
• internal company documents describing the damage and losses with photo and video evidence. Such a report is prepared by the owner and signed by witnesses: company employees and neighbours. It is also advisable to obtain signatures from representatives of local authorities or the military administration;
• a conclusion of a commission of a local government authority.

If the client has already arranged an expert assessment, they provide the appraiser’s report. If the client does not know what type of expertise is required, this task is handled by the lawyer.

Why is it important to start documenting losses and preparing evidence as early as possible?

The collection of evidence is the first and most important step towards compensation for war-related losses. Documentation of the consequences of shelling should begin as early as possible, while evidence has not been lost due to weather conditions, further destruction, or looting. In addition, memory of traumatic events is not always reliable, so it is advisable to interview witnesses immediately after the shelling (impact).

Thorough collection of evidence and witness statements, as well as proper preparation of procedural documents in compliance with all requirements, are key components for obtaining a court decision in favour of the client.