The State Property Fund of Ukraine told what to do for businesses to prepare a proper report on the assessment of losses as a result of the aggression of the Russian Federation.
The State Property Fund recommends that affected entrepreneurs order a loss assessment now. The sooner you do this, the more evidence you save for a lawsuit against the Russian Federation..
The algorithm includes five steps.
Step 1. Gather the evidence.
Gather all possible documentary evidence of damage to property as a result of aggression - testimonies of eyewitnesses, victims, protocols of the State Emergency Service, information on open criminal proceedings of the national police.
Step #2. Verify property ownership.
Prove that the damaged property was on the balance sheet of the enterprise even before the full-scale aggression. Take a comparative inventory - document information about the condition of the property before and after damage.
Step #3. Request an estimate.
Contact a business property appraiser. Show research results from previous steps. He will assess the damage according to the Methodology for assessing business losses as a result of Russian aggression, which was developed by the SPF team together with the Ministry of Economy. Based on the results of the work, you will receive a damage assessment report.
Step #4. Get a report review.
Submit the report for review to business property valuation specialists (with 2+ years of experience). They must confirm the compliance of the assessment with this Methodology.. SPF recommends contacting professional unions of appraisers. The State Property Fund will be able to review and store such reports after the implementation of the corresponding service.
Step #5. Save the peer-reviewed report.
Expect with a report the opportunity to file a lawsuit against the aggressor country. If your report gets a negative review, ask the assessor to finalize the damage assessment.
Recall that there are only about 200 cases in Ukrainian courts on compensation to citizens and businesses due to the aggression of the Russian Federation.. Moreover, the statistics also apply to the period from 2014..
Of these, only 55 cases of damages by the aggressor state were submitted by businesses. Although, according to a study by the KSE Institute (Russia will pay project), in 2022 at least 109 large and medium-sized enterprises suffered direct losses as a result of a full-scale Russian invasion. Damage estimated at $13 billion.
To date, the most satisfied claim contained claims for UAH 154 million. In general, the aggressor country was awarded damages to Ukrainians in the amount of more than UAH 173 million.
But decisions were made only in 8 cases. Most of the cases before the full-scale invasion "
However, in any case, lawyers advise not to waste time and file lawsuits today.. Once the recovery mechanism is up and running, it is important not to waste time going through legal procedures in Ukraine, as there will be competition for Russian assets that can be foreclosed.