C3.1 Damage, Destruction or Loss of Assets
Can a legal entity submit a claim in this category?
A legal entity can submit a claim in this category if:
- it owned an asset located in Ukraine; and
- the asset was damaged, destroyed, or lost as a result of Russia’s full-scale invasion starting on 24 February 2022.
Who can submit a claim in this category if the legal entity is owned or controlled by the State or municipal authority, but the legal entity has economic management, operational control, or the right of usufruct in respect of assets which were damaged, destroyed, or lost?
The legal entity should submit the claim in this category.
What can a legal entity claim under this category?
A legal entity can submit a claim for:
- the damage, destruction, or loss of one or more assets;
- the loss of profits resulting from the damage, destruction, or loss of the assets;
- the total loss of business, if that resulted from the damage, destruction, or loss of the assets; and
- any other direct costs resulting from the damage, destruction, or loss of the assets.
What does “asset” mean for this category?
An asset is anything which generates or is expected to generate economic benefit for the legal entity that owns it. An asset can be either tangible or intangible.
If the legal entity’s financial statements would record it, then it is an “asset” for the purposes of this category.
This may include, for example:
- land;
- residential and non-residential property;
- equipment and other moveable property;
- vehicles;
- cash and valuables;
- inventory;
- contractual rights; and
- intellectual property rights.
This list is not exhaustive. It is for the legal entity to substantiate that its claim in this category relates to an asset to the extent that may be necessary.
What are some examples of events that could lead to damage, destruction, or loss of assets?
Some examples could include:
- military attacks;
- physical sabotage;
- cyberattacks;
- expropriation or theft;
- restrictions on importing or exporting goods or services;
- interruption of supply or logistics, for instance fuel, energy, water, raw materials, or transport routes;
- loss of human resources, for instance through forced displacement, evacuation, mobilisation, or death of personnel; and
- a significant decrease of demand for goods or services.
This list is not exhaustive.
It is for the legal entity to present and substantiate its claim, including that it suffered the damage, destruction, or loss of assets in the amount for which it seeks compensation and that it suffered it as a consequence of Russia’s full-scale invasion of Ukraine.
Is this category also for damage or destruction of infrastructure or residential immovable property?
If the legal entity’s claim solely concerns damage or destruction of infrastructure or residential immovable property, then it can submit a claim either in this category, or in categories C1.1/C1.2, C1.3, or C1.4.
If the legal entity’s claim concerns a loss of assets not being infrastructure, loss of profits, total loss of business, or other direct costs from the damage, destruction, or loss of assets, then it should submit the claim in this category.
How does a legal entity prove that it is the owner of the assets?
A legal entity should submit as much evidence as necessary to establish its ownership of the assets. It is for the legal entity to decide what evidence to submit. Examples could include:
- extracts from official government sources, such as Ukraine’s State Registry of Immovable Property Rights;
- financial statements going back to 2017 or earlier, if possible;
- tax reporting documentation;
- certificates of ownership;
- sale and purchase documents;
- security documents;
- leasehold agreements;
- contracts;
- bank statements;
- insurance records;
- photos and videos;
- correspondence; and
- written testimonies from persons who can confirm ownership.
This list is not exhaustive. It is for the legal entity to substantiate its claim that it is the owner of the assets.
After the assets were damaged, destroyed, or lost, a legal entity started the process of liquidation, but this is not yet complete. Can the legal entity still submit a claim?
Yes, it can. The representative filing its claim in such a scenario must be duly authorised and have capacity to do so.
More than one asset was damaged, destroyed, or lost. Should the legal entity submit one claim or separate claims?
The legal entity may submit one claim or separate claims, whichever it prefers.
Can a legal entity submit a claim for an asset located in a temporarily occupied territory of Ukraine?
Yes, a legal entity can submit a claim in this category for the damage, destruction, or loss of an asset located anywhere in Ukraine, including its temporarily occupied territories.
If the legal entity could not (or largely could not) enter, use, enjoy, transfer, or sell the asset without relying on Russia, its regional or local authorities, or any entity under its control, then it should submit a claim in category C3.2.
What can a legal entity submit as evidence of the damage, destruction, or loss of the assets?
A legal entity should provide as much evidence as necessary to establish the damage, destruction, or loss of the assets. It is for the legal entity to decide what evidence to submit. Examples could include:
- extracts from official government sources, such as Ukraine’s Register of Damaged and Destroyed Property;
- relevant court decisions or expert reports;
- documents from law enforcement and judicial authorities, such as police reports or applications to open criminal proceedings;
- acts of the State Emergency Service, such as acts detailing fire, damage, destruction, or loss of assets, including the cause;
- reports from military administrations;
- acts of local authorities, including inspection reports by representatives of city, town, or village councils;
- media reports, including online publications and messenger channels;
- photos and videos;
- correspondence; and
- written testimonials of persons who can confirm the damage, destruction, or loss.
This list is not exhaustive.
It is for the legal entity to present and substantiate its claim, including that it suffered the damage, destruction, or loss of assets in the amount for which it seeks compensation.
How can a legal entity demonstrate that the damage, destruction, or loss of the assets was caused by Russia’s full scale invasion?
A legal entity should provide as much information as possible about the damage, destruction, or loss of the assets, including, for example:
- a detailed description of the circumstances of the damage, destruction, or loss of the assets;
- audited financial statements which record the asset as being damaged, destroyed, or lost because of Russia’s full-scale invasion;
- documents (such as police reports, court documents, expert reports, media reports, written testimonials, or correspondence), photos, or videos demonstrating that the assets were damaged, destroyed, or lost because of Russia’s full-scale invasion; and
- extracts from official government sources, such as Ukraine’s Register of Damaged and Destroyed Property.
This list is not exhaustive.
It is for the legal entity to present and substantiate its claim, including that it suffered the damage, destruction, or loss of assets in the amount for which it seeks compensation, and that this was caused by Russia’s full-scale invasion of Ukraine.
If the asset was repaired, can a legal entity still submit a claim?
Yes, it can. The legal entity should provide any evidence of the repairs, including the cost.
Does a legal entity need to estimate the amount of its claim for the damage, destruction, or loss of assets?
Yes, a legal entity should provide an estimated amount of its claim. The legal entity should also identify how it reached this number, and include an itemisation of its claim.
This should include the amounts claimed for:
- the damage, destruction, or loss of assets;
- any loss of profits as a result;
- any total loss of business as a result; and
- any other direct costs incurred as a result of the damage, destruction, or loss of assets.
The legal entity should also include any steps taken, and costs incurred, to mitigate the harm of the damage, destruction, or loss of assets.
Failure to provide a complete and understandable claim is at the legal entity’s own risk.
What should a legal entity submit as evidence of the amount of the claim?
A legal entity should provide as much evidence as necessary to establish the amount of its claim.
It is for the legal entity to decide what evidence to submit. Examples could include:
- financial statements going back to 2017 or earlier, if possible;
- sale and purchase agreements;
- receipts;
- invoices;
- contracts;
- insurance documents; and
- documents or correspondence with vendors, buyers, or partners.
This list is not exhaustive.
It is for the legal entity to present and substantiate its claim, including that it suffered the damage, destruction, or loss of assets in the amount for which it seeks compensation. In order to substantiate its claim, the legal entity must provide all detailed and further narrative descriptions required in the Claim Form. Failure to do so is at the legal entity’s own risk.
A legal entity does not have any expert evaluation of damages. Can it still submit a claim?
Yes, a legal entity can submit a claim without an expert’s evaluation. However, it is for the legal entity to present and substantiate its claim, including that it suffered the damage, destruction, or loss of assets in the amount for which it seeks compensation, including through the provision of an expert evaluation to the extent necessary. Failure to provide a complete and understandable claim is at the legal entity’s own risk.
A legal entity plans to get an expert evaluation of damages. Is there an approved list of experts?
No, there is no approved or exhaustive list of experts for this purpose.
A legal entity has received financial or other assistance from the State, international donors, or civil society organisations. Can it still submit a claim?
Yes, a legal entity can submit a claim regardless of whether it has received financial or other assistance.