The Register of Damage for Ukraine has officially opened the possibility of submitting of claims in a new category aimed at protecting the interests of legal persons and business: Category of Claims: C3.2 - Loss of control of property in the temporarily occupied territories.
Claims in category C3.2 can be submitted by legal entities of any form of ownership (private companies, as well as state and municipal entities):
- Which are owners of property (or, in the case of entities owned or controlled by Ukraine or its regional or local authorities, hold economic management, operational control, or the right of usufruct over the relevant property in accordance with Ukrainian law) located in the temporarily occupied territory of Ukraine;
- Which lost control of such property as a result of the aggression of the Russian Federation.
For the purposes of this category, "loss of control of property in the temporarily occupied territories" means the deprivation, in whole or in significant part, of the ability of the property's owner to use, enjoy, or dispose of its assets without the reliance on the Russian Federation, its government, local and regional authorities, or any entity owned or controlled by them.
Within category C3.2, Claims can be submitted for the value of the property over which control was lost; the loss of profits resulting from the loss of control / inability to use the property; and the total loss of business.
Claimants shall submit all the relevant supporting Evidence substantiating rights to the assets, their location, the circumstances surrounding the loss of control, an itemisation of the Claim, and the methodology of determination of the estimated amount of the Claim. Where a Claim is submitted for loss of profits, Evidence must be provided—including business accounts for the years preceding the losses—accounting for costs that would have been incurred in order to earn the lost revenue.
All submitted Claims meeting formal requirements are recorded in the Register pursuant to a decision of the Board of the Register. Subsequently, they will be transferred for examination to the future International Claims Commission, which will determine the amount of compensation due. The establishment of this Commission is envisaged under the auspices of the Council of Europe.
The Convention establishing this Commission has already been signed by 39 States and the European Union.
Launching of Category of claims C3.2 is another practical step in implementing the Register’s mandate to record damage caused to businesses as a result of the full-scale invasion and temporary occupation of Ukrainian territories by the Russian Federation.
How to Submit Claims
Claims to the Register can be submitted via the Diia web portal. Diia is a mobile application and web portal created by the Government of Ukraine that provides easy, convenient, and secure online access to digital documents and public services for people and businesses in Ukraine.
C3.2 Loss of control of property in the temporarily occupied territories
To learn more and submit a claim, visit the Register’s website.
