Ammunition Detonation Leaves People Without the Right to Compensation: The Rada Wants to Change the Rules of eRecovery

The Verkhovna Rada has registered bill No. 15421, which proposes to expand the rights of Ukrainians to receive state compensation for damaged or destroyed housing. The document provides that compensation can be received not only for property damaged as a result of hostilities, terrorist acts, or sabotage, but also in cases of military emergencies caused by the armed aggression of the Russian Federation against Ukraine.

The need for changes is due to the fact that some co-owners of housing today cannot apply for compensation, although their property was damaged or destroyed as a result of the armed aggression of the Russian Federation.

The reason is that the current Law of Ukraine "On Compensation for Damage and Destruction of Certain Categories of Real Estate Objects Due to Hostilities, Terrorist Acts, Sabotage Caused by Armed Aggression of the Russian Federation Against Ukraine, and the State Register of Property Damaged and Destroyed Due to Hostilities, Terrorist Acts, Sabotage Caused by Armed Aggression of the Russian Federation Against Ukraine" does not apply to cases officially classified as military emergencies.

According to the authors of the bill, at least four such cases have already occurred in Ukraine. As a result of ammunition detonation, residential buildings were damaged and destroyed, but their owners cannot receive state compensation.

How the compensation rules will change

Bill No. 15421 primarily proposes to expand the scope of the current legislation. While it currently applies to property damaged or destroyed due to hostilities, terrorist acts, and sabotage, after the adoption of the document, it will also include military emergencies caused by the armed aggression of the Russian Federation against Ukraine.

In particular, the concept of "destroyed real estate objects" is proposed to include housing that has become unusable due to military emergencies and cannot be restored or for which restoration is economically impractical. The definition of "damaged real estate objects" will also be expanded to include objects damaged as a result of such emergencies that can be restored through repair, reconstruction, or restoration.

Additionally, the new provisions will apply to the entire compensation procedure. This will concern the work of commissions reviewing compensation applications, maintaining the State Register of damaged and destroyed property, determining the amount of compensation, paying funds through the "eRecovery" program, as well as concluding agreements on the assignment of the state's claim rights against the Russian Federation for damage compensation within the received compensation.

Proposed changes to other laws

The bill also proposes amendments to a number of other laws to align them with the new regulations. In particular, changes are planned to the laws:

• "On Urban Planning Regulation",
• "On Free Legal Aid",
• "On Court Fees",
• "On State Registration of Property Rights to Real Estate and Their Encumbrances",
• "On Enforcement Proceedings".

Specifically, changes to the Law of Ukraine "On Court Fees" propose to exempt applicants from paying court fees in cases of establishing legally significant facts if such applications are related to receiving compensation for housing damaged or destroyed due to hostilities, terrorist acts, sabotage, or military emergencies caused by the armed aggression of the Russian Federation, as well as violations of ownership rights to movable or immovable property.

Moreover, changes are planned to the Law of Ukraine "On Free Legal Aid." The right to free legal aid is proposed to be extended to citizens who lost documents due to hostilities, terrorist acts, sabotage, or military emergencies, need to restore them, or establish legally significant facts in court, including for obtaining compensation for damaged or destroyed real estate.

Amendments are also proposed to the Law of Ukraine "On Urban Planning Regulation." In particular, applications, notifications, declarations, and other documents for obtaining urban planning conditions and restrictions, rights to perform preparatory and construction works, or commissioning an object will need to indicate the registration number of the inspection report (act) on the damaged real estate object from the State Register of Property Damaged and Destroyed Due to Hostilities, Terrorist Acts, Sabotage, and Military Emergencies Caused by Armed Aggression of the Russian Federation.

Separate changes are also proposed to the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances." They will extend the current provisions to citizens whose real estate was destroyed not only due to hostilities, terrorist acts, or sabotage but also due to military emergencies caused by the armed aggression of the Russian Federation. This will concern state registration of the termination of ownership rights to destroyed property and state registration of ownership rights to housing purchased or financed using a housing certificate.

Changes will also affect the Law of Ukraine "On Enforcement Proceedings." According to the bill's wording, it is proposed to clarify that the prohibition on enforcement and seizure will apply to funds held in special accounts for compensation payments for damaged or destroyed real estate, including if it was damaged due to military emergencies caused by the armed aggression of the Russian Federation.

Thanks to these changes, victims will be able to use new grounds for receiving compensation when processing documents, entering information into the State Register of Damaged and Destroyed Property, obtaining free legal aid, exemption from court fees in cases defined by law, state registration of property rights, and will also have protection of compensation funds from seizure and enforcement. Additionally, the bill obliges the Cabinet of Ministers to bring its regulatory acts into compliance with the new provisions within three months after the law comes into force.

Subscribe to our Telegram channel t.me/sudua, follow SUD.UA on Google News , and join us on VIBER, WhatsApp, Facebook and on Instagram to stay informed about the important events.