All-Ukrainian Union for Supporting of Local and Regional Сommunities
COMPENSATION FOR DAMAGE CAUSED
TO TERRITORIAL COMMUNITIES BY THE
ARMED AGGRESSION OF THE RUSSIAN
FEDERATION
DAMAGE
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RECORDING DAMAGE
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DETERMINING THE AMOUNT OF DAMAGE
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PREPARATION OF APPLICATIONS FOR COMPENSATION AND CLAIMS TO
COURTS, INCLUDING INTERNATIONAL ONES
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DECISIONS OF NATIONAL COURTS
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DECISION OF FOREIGN COURTS
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DECISION OF THE COMMISSION FOR THE CONSIDERATION OF
APPLICATIONS OF THE INTERNATIONAL REGISTER OF LOSSES
NUMBER OF TERRITORIAL COMMUNITIES
1469
DAMAGED FACILITIES
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DAMAGE CAUSED TO INFRASTRUCTURE, IN PARTICULAR TRANSPORT,
HOUSING AND UTILITIES, RESOURCE DISTRIBUTION AND
TRANSPORTATION NETWORKS, AND ENERGY INFRASTRUCTURE
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LOSSES OF HUMAN CAPITAL IN THE FIELD OF EDUCATION, HEALTH AND
SOCIAL PROTECTION, PUBLIC ADMINISTRATION, PHYSICAL CULTURE AND
SPORTS
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LOSS AND DAMAGE CAUSED TO THE NATURAL ENVIRONMENT AND
NATURAL RESOURCES, IN PARTICULAR LAND RESOURCES, SUBSURFACE
RESOURCES, WATER BODIES, FORESTRY, ATMOSPHERIC AIR, AND THE
NATURAL-CHERISHED FUND
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LOSSES CAUSED AS A RESULT OF DAMAGE OR DESTRUCTION OF
HOUSING STOCK OBJECTS AND PUBLIC BUILDINGS OF MUNICIPAL
PROPERTY, IN PARTICULAR, LANDSCAPING OBJECTS, UNFINISHED
CONSTRUCTION OF RESIDENTIAL REAL ESTATE, EDUCATIONAL
INSTITUTIONS, ETC.
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LOSS OF CULTURAL HERITAGE AND CULTURAL PROPERTY
TYPES OF COMPENSATION
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AMOUNT OF REAL LOSSES (IN VALUE TERMS)
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AMOUNT OF LOST PROFIT (INCOME THAT THE VICTIM COULD RECEIVE
IN THE ABSENCE OF ARMED AGGRESSION OF THE RUSSIAN
FEDERATION)
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THE AMOUNT OF EXPENSES NECESSARY FOR THE RESTORATION OF
PROPERTY AND PROPERTY RIGHTS THAT HAVE SUFFERED A
DEVASTATING IMPACT AS A RESULT OF THE ARMED AGGRESSION OF
THE RUSSIAN FEDERATION
COMPLEXITY
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A LARGE AMOUNT OF INFORMATION
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A SIGNIFICANT NUMBER OF DOCUMENTS
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INTERACTION WITH VARIOUS INSTITUTIONS, ORGANISATIONS, LAW
ENFORCEMENT AGENCIES, EXPERTS, APPRAISERS
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COMBINING DISPARATE DATA INTO A SINGLE STRUCTURE
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PREPARATION OF CLAIMS TO COURTS AND/OR APPLICATIONS TO THE
INTERNATIONAL REGISTER OF DAMAGES
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PARTICIPATION IN COURT SESSIONS
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ENFORCEMENT OF COURT DECISIONS
RECORDING DAMAGE
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NOTIFICATION TO THE TERRITORIAL BODIES OF THE STATE
EMERGENCY SERVICE, MANAGEMENT BODIES AND CIVIL
PROTECTION FORCES, AND LAW ENFORCEMENT AGENCIES
REGARDING DAMAGE TO FACILITIES
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PERFORMING PRELIMINARY VISUAL INSPECTIONS OF DAMAGED
FACILITIES TO CREATE THE RESPECTIVE LISTS
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DEVELOPMENT AND APPROVAL OF THE SURVEY WORK PLAN
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CONDUCTING A COMMISSION/TECHNICAL SURVEY
ASSESSMENT OF THE DAMAGE
CAUSED
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ANALYTICAL ASSESSMENT
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STANDARDIZED ASSESSMENT
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INDEPENDENT ASSESSMENT
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FORENSIC EXAMINATION
ANALYTICAL ASSESSMENT
The right to conduct an assessment is granted to local state administrations (including military administrations during martial law), as well as the executive committees of village, settlement, and city councils.
Based on the results of the assessment, an analytical report is compiled in electronic and paper form (if necessary).
The report form is set by the following Methods.
If conducting a standardized loss assessment and an independent loss assessment is not possible, the results of an analytical loss assessment can be used
STANDARDIZED
ASSESSMENT
The right to conduct an assessment is granted to local state administrations (including military administrations during martial law), as well as the executive committees of village, settlement, and city
councils.
Based on the results of the assessment, a loss assessment report is drawn up in electronic form and in paper form (if necessary).
The form of the report is established by the Methods.
During the evaluation, the estimated cost is determined.
A standardized assessment of losses is not conducted when there is insufficient initial data necessary for such an assessment.
INDEPENDENT ASSESSMENT
This will be conducted on the basis of an agreement between an appraising entity and the customer, which sets the date of assessment.
Based on the results of the assessment, a loss assessment report is drawn up in electronic form and in paper form (if necessary).
The form of the report is established in the property valuation agreement.
For the purpose of filing claims with international courts, a comprehensive assessment report form is prepared, adhering to International Assessment Standards or internationally recognised standards if mandated by the relevant international court of justice.
During the assessment, relevant types of value may include market value, replacement cost, reproduction cost, and gross development cost.
Reviewing reports on damage assessment is mandatory when assessing property under state or municipal ownership. In this case, the review is carried out by the State.
Property Fund and its regional branches, with reviewers from within the State Property.
Fund and its regional branches, or by expert councils of self-regulatory organisations
of appraisers.
NEED IN PRO BONO ASSISTANCE
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An unaffordable burden on the budget of territorial communities and their
in-house personnel
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Implementing an algorithm of actions aimed at compensating for losses caused by the Russian Federation is a long process
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It requires deep methodological assistance
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It requires continuous cooperation with highly qualified lawyers
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It requires the involvement of narrow specialists at the stages of recording and assessing losses (forensic experts, environmentalists), and communication with law enforcement agencies
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At the stage of applying to the court, judicial review, execution of court decisions, and cooperation with lawyers from the jurisdiction chosen by the victim, whether national or foreign (including British), are required.
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Choosing a compensation path on a case-by-case basis requires consultation with legal advisers