The Register of Losses for Ukraine will be open for applications on April 2

Deputy Minister of Justice of Ukraine Iryna Mudra answered the most pressing questions in an interview with Ukrainian Radio.

We know that we have an international Register of Damage Caused by the Aggression of the Russian Federation against Ukraine and a State Register of Property Damaged and Destroyed as a Result of Hostilities. Which register is currently operating in Ukraine and what is the difference between them?

Iryna Mudra: "These are two different registers. One registry was created in Ukraine in June last year in accordance with a government decree: The State Register of Property Damaged and Destroyed as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine. As for the international Register of Damage Caused by the Aggression of the Russian Federation against Ukraine, the prerequisite for its creation was the UN General Assembly resolution adopted on November 14, 2022. The resolution confirmed the responsibility of the Russian Federation for the damage caused to Ukraine as a result of armed aggression, recognized the need to establish an international compensation mechanism, and recommended the establishment of an international Register of Damage. In pursuance of this resolution, Ukraine and its partners implemented the first stage, namely, the establishment of the International Register of Damage. Under the auspices of the Council of Europe, an Enlarged Partial Agreement on the Register of Damages Caused by the Aggression of the Russian Federation against Ukraine was concluded, which was joined by 43 countries and the European Union. Thus, today we have 44 participants in the Register. The Register is located in The Hague, the Kingdom of the Netherlands."

Why was The Hague chosen and why was the Ukrainian Registry not enough?

Iryna Mudra: "Firstly, the Ukrainian Register accumulates information exclusively on property damaged or destroyed as a result of the armed aggression of the Russian Federation. That is, only one category of damage. In turn, the international Register of Losses will include more than 40 categories of losses, damages and harm. That is, it will be the maximum database that will cover any damage caused in Ukraine to individuals and legal entities, as well as to the state of Ukraine. And since this will be a kind of catalog of claims against the Russian Federation, it was important to make it a global instrument that will be recognized by the world. After all, we are saying that Russia is the only one to blame for this aggression and it must pay for the damage caused, including at the expense of its assets in full. This is its international duty. And since we understand that it is unlikely that the Russian Federation will do this voluntarily, we must look for ways to reach its assets in other jurisdictions. That is why it was very important that this register was recognized internationally. This is a confirmation of the international responsibility of the Russian Federation for the damage caused. That is, it will be very difficult to challenge the creation of such a registry, and there is no court where Russia can go and claim that this registry was illegally created," the Deputy Minister said.

How can applications be submitted to this Register? Is there a special form or can it be done through Diia?

Iryna Mudra: "A few days ago, the Registry Board adopted and the Conference of Participants approved a decision on the category of applications that can be entered into the registry, the application form that individuals must fill out, and the rules for filling out such an application. I would like to note that the Registry will start operating on April 2, 2024. It will be open for applications. The Register will start accepting applications regarding damaged or destroyed residential real estate. This decision was made in view of the fact that Ukraine already has such a Register and it will be easier to transfer the information already available in the state Register to the international Register. But other categories will be gradually introduced. This also depends on the technical settings, as the Registry is a digital platform, meaning that there will be no need to send paper documents to its postal address. At the first stage, it will be possible to do this through the mobile application or the Diia portal. The settings are now complete and will be open for applications on April 2. In the future, the Registry Council plans to open other categories for applications in a certain order. These will be the categories of internally displaced persons, victims of torture, sexual violence, i.e. more vulnerable categories of the population will be prioritized. As well as categories of applications for critical infrastructure property. That is, the categories that require the most attention today will be opened next."

And how will they record in the Register if there is no need to send photos or other documents?

Iryna Mudra: "There is no need to send paper documents. But all the evidence available to the person must be uploaded to the system, which will be available in Diia. There will be an 'applicant identification' section where you will need to fill in information about yourself, a 'property identification' section, and everything related to real estate. Registration data will also need to be filled in. It will be possible to use Diia to obtain information available in state registers. The integration of Diia into the extensive infrastructure of digital services and state registries in Ukraine will facilitate this process. Therefore, there will be no need to print and download anything, but it will be possible to pull it up through Diia. There will be a section on information on how to apply to the Ukrainian PPPM and receive compensation from the state. This information is mandatory, as there can be no double compensation. However, if a person believes that the value of the lost property exceeds the amount received in Ukraine, then, of course, he or she can also apply for compensation for the difference. The last section concerns the evidence base. That is, the person must confirm (by photo, video, expert reports, inspection reports, etc.) that at such and such time in such and such place the destruction or damage was carried out. It is also worth noting that there are 3 qualifying criteria for a person to apply to the International Register of Losses. Firstly, the damage, loss or injury must have been caused on or after February 24, 2022. Secondly, the loss, damage or injury must have occurred on the territory of Ukraine within its internationally recognized borders. Finally, the damage, loss or injury must be the result of internationally wrongful acts of the Russian Federation. That is, these 3 criteria must be present at the same time and the person submitting the application must confirm compliance with these qualifying criteria," said the Deputy Minister of Justice of Ukraine.