How Businesses Can Obtain Compensation for War-Related Damages
We Understand Your Pain
The full-scale war unleashed by Russia against Ukraine has changed the life of each of us. Over these months, we at Dextra Law Firm have witnessed hundreds of stories of destroyed businesses that were built over years.
In this article, we will tell you where to start and how to move along the path to compensation for damages caused, and share a proven algorithm of actions that helped our clients.
Your Rights Are Protected by Law
Ways to Obtain Compensation
Justice can be restored through several mechanisms:
- Ukrainian courts — the main path to protect your rights according to Article 1166 of the Civil Code of Ukraine. This is the most accessible and fastest way.
- European Court of Human Rights (ECHR) — for cases where fundamental human rights are violated. The process is lengthy, but decisions are binding.
- International reconstruction funds — various assistance programs from the world community that are already working and paying compensation.
- Confiscation of RF assets — a mechanism provided by the Law of Ukraine “On Sanctions”, which allows frozen Russian assets to be converted to compensation.
First Step: Properly Document the Damages
Remember: Every Detail Matters
We often encounter situations where people in shock from what is happening forget about documentation. We understand that during or after shelling, the last thing you think about is taking photographs. But the size of compensation depends precisely on the quality of evidence.
What needs to be done immediately:
- Call the State Emergency Service and obtain a Fire Report as a result.
- Call the police and obtain a Resolution recognizing your company as a victim and an Extract about criminal proceedings violation from the URDR.
Next:
- Photograph and videotape all damage from different angles and with geolocation reference
- contact local self-government bodies to obtain a Commission Inspection Report.
- contact the State Emergency Service to obtain a Demining Report
- conduct an inventory of destroyed and damaged property
- obtain expert property valuation (even if it is completely destroyed)
- enter data about the destroyed premises in the construction activity register
- if necessary, contact the Chamber of Commerce for certificates.
What can be submitted for business compensation:
Direct damages:
- Destroyed buildings, equipment, goods
- Damaged machinery and inventory
- Lost production
Lost profits:
- Income you could have received
- Lost clients and contracts
- Recovery costs
How We Help Entrepreneurs
Our team of economists and lawyers conducts detailed assessment of the situation and damages, including complex calculations of lost profits.
Protection of rights in Ukrainian courts:
The first stage on the path to compensation is obtaining a decision from a Ukrainian court regarding the obligation to recover damages caused by RF aggression, fixing the amount.
International Protection of Your Rights
Appeal to the ECHR
Lawsuits to the European Court are based on violations of Article 1 of Protocol No. 1 (property rights) and Article 8 of the Convention (right to housing and private life).
Important condition: before appealing to the ECHR, it is necessary to use all national means of protection (courts in Ukraine).
Lawsuits Against the Aggressor State
Direct lawsuits against the RF can be filed with the International Court of Justice or international arbitration. The process is indeed lengthy — from 3 to 7 years, but effective.
One should not forget about the instrument of seizing assets of Russian companies abroad.
Already now, RF assets worth over 300 billion dollars have been frozen, which can be used for compensation.
Compensation Funds: Real Help
Current Programs
State programs:
- Compensation program through “Diia”
- Regional reconstruction programs
International funds:
- World Bank Fund for Ukraine’s reconstruction
- Special funds from EU, Canada, USA
- Private charitable funds
Will There Be Success?
Each case is unique, but experience shows: patience and a professional approach will still bring results.
Step-by-Step Algorithm for Obtaining Compensation
We work according to a proven scheme:
- Consultation with a lawyer Initial consultation is free. We study your situation.
- Situation analysis We study circumstances, assess prospects, determine strategy.
- Evidence collection We help collect all necessary documents, testimonies, expert assessments.
- Expert damage assessment We involve independent experts for accurate damage calculation.
- Work with international funds We submit applications to all available compensation programs.
- Search and joining collective lawsuits Group lawsuits are often more effective and less costly.
- Preparation and filing of lawsuit We prepare all procedural documents taking into account case specifics.
- Court representation We professionally represent your interests at all stages of the process.
- Monitoring decision execution We ensure actual receipt of compensation.
Don’t Delay Protecting Your Rights
If war has touched your life, don’t delay protecting your rights. Every day of delay can affect the amount of compensation.
Remember: justice requires action. We know how to achieve it.
Frequently Asked Questions
It depends on the complexity of the case. State programs — 3-6 months, courts in Ukraine — 6-12 months, international courts — 2-5 years.
We work under different schemes, including payment only upon successful result. The first consultation is always free.
Documents can be restored through state archives, banks, tax service. We will help you do this.
Yes, Ukrainian and international law provides for compensation for moral damages.
Yes, you can. The main thing is to preserve documents and evidence.
Financial reports, tax declarations, contracts, documents on asset value, damage certificates.