On 20 March 2022, the Cabinet of Ministers of Ukraine adopted Resolution No. 326 “On Approval of the Guideline for Evaluating Damage and Losses Caused to Ukraine in the Result of the Russian Federation Aggression”.
According to the Guideline, evaluation of war damage and losses will be carried out separately under one of the following categories:
- human losses and related social expenses;
- economic losses related to human losses;
- military losses;
- losses related to ensuring public security and order, traffic security and crime fighting;
- losses of housing funds and housing and communal services objects;
- land fund losses;
- forest fund losses;
- subsoil losses;
- water area related losses;
- losses caused to the nature reserve fund;
- losses of transport infrastructure, telecommunications network and communications;
- energy infrastructure losses;
- cultural heritage related losses;
- company economic losses;
- losses of institutions and organisations.
The Guideline designates the ministries and the other executive bodies responsible for evaluating war damage and losses under the specifically provided criteria and the procedures and methods that state authorities should develop.
Moreover, the Ukrainian parliament is considering the adoption of two laws related to compensation of losses caused by the Russian aggression, namely:
- Law of Ukraine “On State Registration of Losses Caused in the result of the Russian Federation Armed Aggression against Ukraine”, and
- Law of Ukraine “On Compensation for Damage and Destruction of Certain Categories of Real Estate Objects as a result of Hostilities, Terrorist Acts, Sabotage caused by the Russian Federation Military Aggression”.
While the Guideline has already come into force, the above laws have yet to be adopted by parliament and signed by the President of Ukraine. CMS will monitor all developments.
For information on the evaluation and compensation of war damage and losses caused by the Russian aggression against Ukraine, contact your CMS client partner or our CMS experts: Maria Orlyk, Olga Shenk.