Last week, the CMU approved the resolution “Some issues of organising the work of the commission for consideration of issues of compensation for real estate destroyed as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation against Ukraine.” In accordance with it, the Model Regulation on the Commission for consideration of issues of compensation for real estate destroyed as a result of hostilities, terrorist acts, and sabotage caused by the armed aggression of the Russian Federation against Ukraine is approved. This Regulation defines the legal basis for the creation and functioning of commissions that will consider the issue of providing such compensations. BRDO experts also participated in the development of the resolution.
The commissions will be formed under the executive bodies of village, settlement, city, district councils in cities, military administrations of settlements or military-civilian administrations of settlements as a consultative body. They will have access to the State Register of property damaged and destroyed as a result of hostilities, acts of terrorism, and sabotage caused by the aggression of the Russian Federation against Ukraine, which will allow them to perform the functions defined by the resolution.
The commissions will consider applications for providing compensation for a destroyed object of real estate, will determine the presence or absence of grounds for providing such compensation, will ensure the inspection of the destroyed object (except in cases where it is carried out before the consideration of the application), in particular with the aim of establishing the fact of the repair works performed due to other sources of financing.
In addition, the commissions will provide consultations and all comprehensive information on how to receive compensation for the destroyed object of immovable property. Also, in the event of a decision to provide compensation for destroyed real estate objects, the commission will produce a residential certificate using the State Register of Damaged and Destroyed Property and send it to the certificate applicant in electronic and/or paper form.
Information on the location of the commissions, their personnel, work order, as well as information on the results of the commission meetings should be posted on the website of the bodies under which the commissions are created.
The resolution also determines the procedure for formation of commissions, as well as their powers. Representatives of state bodies, local self-government bodies, enterprises, institutions, organisations, experts, evaluators, subjects of evaluation activities, executors of certain types of work (services) related to the creation of architectural objects, representatives of international and public organisations.
The approved Resolution was developed in implementation of the Law of Ukraine “On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation against Ukraine, and the State Register of property damaged and destroyed as a result of hostilities , terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine.” BRDO experts also participated in the development of this law, details on which are available in our previous publication.