Register for war damage claims opened

The “Register of Damage Caused by the Aggression of the Russian Federation against Ukraine” (“Register of Damage”) has opened for the first category of war damage claims; losses or injuries to residential property. In the near future, the Register of Damage plans to expand registration to include additional categories of damages, with a focus on the destruction of Ukraine’s critical infrastructure, individual claims as well as business and other economic losses.

What does the Register do?

The Register of Damage, established on 17 May 2023 and – to date – joined by 43 States and the European Union, aims to record claims for compensation for damages, losses, and injuries resulting from the invasion of Ukraine by the Russian Federation on 24 February 2022. Its purpose is to document claims and evidence related to compensation sought by a) individuals, b) legal entities, and c) the State of Ukraine, laying the groundwork for future mechanisms to assess and adjudicate compensation for damages caused by the invasion.

How does the Register work?

The registry operates electronically via a secure digital platform and will manage all evidence submitted in support of claims. The Rules Governing the Submission, Processing, and Recording of Claims outline the eligibility criteria (Article 18) by which the Board of the Register of Damage will assess submitted claims for recording. Claims must be submitted by natural or legal persons, or the State of Ukraine, pertaining to damage, loss, or injury: a) occurring after 24 February 2022, b) within Ukrainian territory, including its internationally recognised borders and territorial waters, and c) caused by internationally wrongful acts on the part of the Russian Federation in or against Ukraine.

What is covered under the first category of claims?

During the initial phase, the Register of Damage will focus on the damage to, or destruction of, residential property. The information necessary for claim registration has already been published by the Register of Damage. The Board will determine the eligibility of submitted claims for recording. However, this does not imply assessment of the claim’s substance or any obligation for payment to the claimant.

Given ongoing efforts related to the utilisation of frozen funds or proceeds thereof belonging to the Russian Federation, the recording of claims (and associated evidence) represents a significant step towards achieving reparations for damage resulting from the invasion of Ukraine.

We will keep you informed on further developments. Should you have any questions or need assistance related to this matter, please contact us.