Documenting Damage to Non-Residential Property Caused by the War: ILI Holds Practical Training Sessions
Russia's armed aggression has caused widespread destruction of property across Ukraine, with more than 340,000 properties damaged or destroyed. More than 298,000 of these are residential buildings, while the remainder are non-residential properties owned by individuals and legal entities.
Proper documentation of damage and professional assessment of losses are essential for protecting the rights of those affected and securing future compensation. These issues were the focus of a series of training sessions organized by the Institute of Legislative Ideas (ILI), featuring experts from the Return Your Property project and supported by the International Renaissance Foundation.
More than 100 representatives of human rights organizations, affected businesses, and business associations learned about damage documentation tools, loss assessment methodologies, key legal aspects, and the evidence required to pursue compensation.
"Owners of damaged garages, warehouses, offices, and industrial facilities often face the challenge of properly documenting the destruction and understanding which legal remedies are available to them. The ILI Analytical Center has prepared research and practical guidance designed to provide clear answers to these questions," said Andrii Klymosiuk, ILI Project Manager.
Notary and founder of the NGO Return Your Property, Olha Onishchuk, presented a step-by-step methodology for documenting damage to non-residential property.
"All documentation required for future compensation rests on three key pillars: the initial documentation of damage, a professional assessment of losses, and proof of ownership," she emphasized.
Ihor Karaman, Legal Advisor at the Kyiv Office of the Register of Damage for Ukraine, explained the procedure for submitting claims under Category A3.2 concerning damaged or destroyed non-residential property owned by individuals.
"The Register of Damage follows a people-centred approach: applicants should submit all the evidence they are able to provide rather than strive for a perfect set of documents. The key is to demonstrate that the damaging event occurred, to substantiate the losses, establish their link to Russia's aggression, and, where necessary, prove ownership of the property," said Ihor Karaman.
Kostiantyn Kharakoz, Judge-Spokesperson of the Commercial Court of Donetsk Region and member of the Council of Judges of Ukraine, explained the differences between compensation schemes and damage recovery mechanisms available to businesses, as well as the specific features of court proceedings in such cases.
"It is important to distinguish between compensation paid by the state through administrative procedures and actual damages determined in commercial court proceedings. Since Ukraine has not yet established a national mechanism for recovering damages from the aggressor state, court decisions constitute important evidence for future international and domestic compensation mechanisms," Kostiantyn Kharakoz stressed.
ILI encourages affected property owners to begin documenting their losses now rather than waiting for formal compensation mechanisms to be established. This can be done using practical guidance materials for individuals and businesses developed by ILI.
This material was prepared with the support of the International Renaissance Foundation. The publication reflects the views of the authors and does not necessarily represent the position of the International Renaissance Foundation.