LEGAL REGULATION OF COMPENSATION FOR DAMAGED OR DESTROYED PROPERTY AS A RESULT OF MILITARY ACTIONS

Abstract

The article explores the problematic aspects of legal regulation of compensation for damaged or destroyed property as a result of military actions in Ukraine. The full-scale armed aggression has led to unprecedented destruction of residential, communal, transport, energy, and social infrastructure, creating an urgent need to establish a comprehensive, effective, and transparent system for compensating losses suffered by citizens and legal entities. One of the key problems was the lack of a comprehensive regulatory model for compensation until 2022, which resulted in fragmented legal regulation, inconsistent approaches to damage assessment, lengthy procedures, and limited access for victims to property rights protection mechanisms. Additional challenges arise from the need to align national procedures with international human rights standards, particularly the practice of the European Court of Human Rights.

The concept of legal regulation of compensation for damaged or destroyed property as a result of military actions encompasses a system of national and international legal norms that define the procedures for documenting damage, assessing destruction, establishing the grounds and mechanisms for providing compensation, identifying the responsible authorities, ensuring procedural guarantees for victims, and ways of protecting their rights. This regulation aims to restore violated property rights, ensure justice, compensate for harm, and create conditions for post-war reconstruction.

The features of the current compensation model in Ukraine are linked to the implementation of digital mechanisms for documenting damaged property through the “Diia” application, the creation of the Register of Property Damaged or Destroyed Due to Hostilities, and the adoption of the special Law of Ukraine “On Compensation for Damage and Destruction of Certain Categories of Immovable Property,” which defines the procedures for handling applications, sources of funding, the role of local commissions, and tools for providing compensation (housing certificates, construction financing, monetary payments). Important elements also include amendments to the Budget Code, the Methodology for Damage Assessment, and the formation of recovery funds.

The significance of the legal regulation of compensation lies in ensuring social stability and public trust in the state, implementing the constitutional right to peaceful enjoyment of property, and creating conditions for systematic national recovery. An effective compensation mechanism is a key condition for fulfilling Ukraine’s international obligations, particularly in the context of the expected functioning of the International Register of Damages and reparations mechanisms. The article emphasizes that further development of legal regulation must be based on the principles of transparency, procedural accessibility, compliance with the ECtHR case law, and guarantees for the protection of the rights of victims of war.