The Head of the Institute of Legislative Ideas discussed the Register of Damage, how it works, and what one must do to receive compensation

The Register of Damages for Ukraine (RD4U) is the first component of the future international compensation mechanism, which documents the losses, damages, or harm caused by Russian aggression. In its decision of 23 February 2023, the Committee of Ministers of the Council of Europe recognized an urgent need to establish a register to record and document evidence and claims of damage, loss, or injury caused by Russian aggression against Ukraine. Its creation was made possible by the Resolution of the Committee of Ministers of the Council of Europe adopted on 12 May 2023 and officially announced at the Summit of Heads of State and Government of the Council of Europe in Reykjavik on 16-17 May 2023. As of December 2024, 43 states and the European Union have joined the Register.

RD4U was created to document and systematize information on damage caused to Ukraine, its citizens, and legal entities. Its main tasks are:

1. Receiving and processing information relating to damage claims and evidence;
2. Categorization, classification, and systematization of such claims;
3. Evaluating and determining the eligibility of claims for inclusion in the Register;
4. Registration of eligible claims for their future consideration and adjudication.

To date, RD4U has approved 45 categories of damage, and the category of applications for destroyed and damaged residential property, i.e. apartments and houses that were damaged or destroyed as a result of the war, is currently open. The possibility of filing claims for other categories will be gradually expanded. As of December 2024, Ukrainians have submitted 12,000 applications to the Register. The ILI has already prepared the first Guidebook, which explains all the details of submitting applications to the Register in an accessible way. It is important to understand that the Register does not make decisions on compensation payments. Its main task is to collect and store information to pass it on to the Compensation Commission in the future. In other words, it is only the first component of the future international compensation mechanism.

‘We should not expect compensation and transfer of funds from the Register immediately,’ said Tetyana Khutor, Head of the Institute of Legislative Ideas.

For an application to be accepted to the Register, it must meet the following general requirements:

1. Who suffered damage: an individual or legal entity, the state of Ukraine (including its authorities or state-owned enterprises).
2. When: the event occurred on or after 24 February 2022.
3. Where: The event took place on the territory of Ukraine, within its internationally recognized borders, including territorial waters.
4. Reason: damage caused by internationally wrongful acts of the Russian Federation.

Applications that are manifestly unfounded or do not meet at least one of these criteria will not be accepted or will be rejected. RD4U plans to open new categories covering a wide range of damages: for individuals, for the state of Ukraine, and legal entities. There is also a certain peculiarity: it will be possible to submit an application to the Register for housing located in the temporarily occupied territories. Currently, you can apply to the Register for compensation even if you have already received compensation under the eVindustriya program:

Tetyana Khutor emphasized: ‘People can, and even should, submit information to the International Register of Losses even if they have already applied for and received compensation through national compensation instruments.’

It is expected that the future International Compensation Mechanism will provide compensation for the frozen assets of the Russian Federation located in various foreign jurisdictions. Bohdan Karnaukh, lawyer-analyst at the ILI, spoke in more detail about this.

In parallel with RD4U, Ukraine is developing legislation to record information on damage to non-property rights from Russian aggression. Draft law No. 10256, adopted on 20 November 2024, provides for the creation of a Register of Information on Deported Children, as well as a system for recording information on damage to the personal non-property rights of affected persons, including, in particular, recording data on death, disappearance, torture, deportation, and loss of access to medical and social services. Importantly, information about the damage caused since 19 February 2014 is subject to registration. This process will be automated by filling the system with data through integration with state registers. The information in the system will serve as a basis for determining the types and scope of support measures for affected persons, and may also be used in the future for international instruments of compensation.

RD4U is the first step in creating a future international compensation mechanism that will ensure real payments as a result of the confiscation of Russian assets.

‘Fixing the damage should evolve into the creation of a full-fledged Compensation Commission,’ emphasized Khutor.