Today, the Register of Losses for Ukraine starts working: we tell you how it will work and who can apply
Kyiv • UNN
The Register is the first component of the future International Compensation Mechanism
On April 2, the Register of Damages for Ukraine, created with the participation of the international community, is to start accepting applications. UNN explains what this Register is, on what grounds it will operate, how to submit an application, and whether such an application will mean receiving compensation.
RD4U - this is the abbreviation for the Registry already has its own website -https://rd4u.coe.int/uk/home.
What is RD4U
The Register of Damages Caused by the Aggression of the Russian Federation against Ukraine is a system of accounting for claims of individuals, legal entities and the state of Ukraine for compensation for losses, damages and losses caused by the aggression of the Russian Federation against Ukraine. The Register will also store evidence to substantiate these claims.
The establishment of the Register was announced at the IV Summit of Heads of State and Government of the Council of Europeheld in Reykjavik on May 16-17, 2023.
The Register was created under the auspices of the Council of Europe.
The Registry is physically located in The Hague (Kingdom of the Netherlands).
On April 2, 2024, RD4U will officially open the process of filing claims for compensation for damage, loss or injury caused by Russian aggression against Ukraine.
The historic opening will take place in The Hague as part of the ministerial conference "Restoring Justice for Ukraine" in the presence of the Secretary General of the Council of Europe , Marija Pejčinović Burić, heads of international organizations, ministers and high-ranking officials from over 60 countries, underscoring global support for Ukraine in its quest for justice and reparations.
To date, 43 states and the European Union have joined the Register. In total, the Registry has 40 Members and 4 Associate Members.
Participants of the Registry shall have full membership rights, including the right to vote at the Conference of Participants, and shall undertake to make annual contributions to the Registry budget.
Associate members are not obliged to pay annual fees and have no voting rights at the Conference, but may participate in it and make written and oral statements. Associate Members are encouraged to make voluntary contributions to the Registry's budget. If an Associate Member makes a contribution equivalent to its assessed contribution if it were a Member, it shall have full voting rights for the relevant financial year.
The Registry is the first component of the future International Compensation Mechanism, which will be established by a separate international treaty in cooperation with Ukraine. This will be followed by a Claims Commission and a Compensation Fund.
What are the main tasks of RD4U
The task of the Registry is to receive and process applications and related evidence. This includes categorizing, classifying and systematizing these applications based on certain criteria. The Registry Board evaluates the applications and determines their admissibility. Acceptable applications are entered into the Registry for further review and evaluation.
Who can apply
All individuals and legal entities, as well as the state of Ukraine (including its regional and local authorities, as well as state-owned or controlled enterprises), may submit applications to the Register if their applications meet the eligibility criteria.
It is expected that initially the application process will be open for one category of claims, namely for damaged and destroyed residential real estate. It is also expected that priority will be given to applications related to critical infrastructure of Ukraine.
What applications can be included in the Register
In general, in order for statements to be included in the Register, they must relate to losses, damages or harm that:
- were inflicted on or after February 24, 2022;
- were caused on the territory of Ukraine, within its internationally recognized borders, including territorial waters;
- were caused by internationally wrongful acts of the Russian Federation in Ukraine or against Ukraine.
The Registry Board has decided that the categories are expected to include statements related to
- loss of life, torture and sexual violence, as well as bodily harm;
- forced displacement and forced resettlement of persons;
- loss of property and income, as well as other types of economic losses;
- damage to critical infrastructure and other state facilities;
- damage to objects of historical and cultural heritage;
- environmental damage; and
- other categories determined by the Council.
Where to apply
The creators of the Registry promise that individuals can use the web portal of electronic services Diia, including the mobile application of the Diia Portal (Diia), to submit applications. This approach is expected to provide a simplified and accessible way to submit applications to the Registry.
Material compensation for damages
It is important to understand that the Registry is not a court, tribunal, compensation commission or compensation fund. It will not review claims submitted to it, nor will it evaluate their value or make any payments. These functions will be performed by an international compensation mechanism to be established in the future. The registry is only the first step towards such a mechanism. Work on the compensation mechanism has already begun, and the Registry's mandate includes facilitating this work.
After the compensation mechanism is established, the work of the Register will continue under the new structure, and all applications and evidence submitted to it will be transferred to it.
Registry administrators expect at least 6-8 million applications, possibly up to 10 million.
No time limit for submitting applications has been set as of today, as the aggression of the Russian Federation against Ukraine is still ongoing and damage is being done on a daily basis. Subsequently, the Registry Board may determine a reasonable timeframe for submission of applications and/or determine the date from which the Registry will be closed for submission of applications.
