Is it necessary to fix flooded property somewhere? (Kherson)

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08.06.2023 11:13 474

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Photo of sikorsky.y.o Yaroslav Sikorsky

Of course, if possible, record everything in detail. If possible, take a photo/video of the destroyed (damaged) property and save contact details of eyewitnesses (if available).

Currently, there is a Law according to which the state compensates citizens for damages caused as a result of hostilities, acts of terrorism, and sabotage caused by the armed aggression of the Russian Federation against Ukraine.

Separately, the state may adopt an additional law that will regulate compensation for damages due to the explosion of the Kakhovskaya HPP, but there is currently no such information.

On May 22, 2023, the Law of Ukraine "On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine, and the State Register of Property Damaged and Destroyed as a result of hostilities" entered into force , acts of terrorism, acts of sabotage caused by the armed aggression of the Russian Federation against Ukraine", which defines the legal and organizational principles for providing compensation for damage and destruction of certain categories of real estate objects as a result of hostilities, acts of terrorism, acts of sabotage caused by the armed aggression of the Russian Federation against Ukraine , from the date of entry into force of the Decree of the President of Ukraine "On the introduction of martial law in Ukraine" dated February 24, 2022 N 64/2022, as well as the legal basis for creating and maintaining the State Register of property damaged and destroyed as a result of hostilities, acts of terrorism, sabotage caused by armed aggression of the Russian Federation against Ukraine.

In accordance with Article 2 of the aforementioned Law, the recipients of compensation for damaged/destroyed real estate objects are:

natural persons - citizens of Ukraine who are:

a) owners of damaged/destroyed real estate objects;

b) construction customers - in the case of receiving compensation for damaged real estate objects specified in subparagraph "b" of clause 6 of the first part of Article 1 of this Law, or for destroyed real estate objects specified in subparagraph "b" of clause 4 of the first part of the Article 1 of this Law;

c) owners of a special property right to indivisible residential objects of unfinished construction, future objects of residential real estate or persons who have paid a partial price of such an object and in whose favor the encumbrance of property rights on such an object has been registered in accordance with the Law of Ukraine. On guaranteeing property rights to immovable property objects that will be built in the future", - in case of receiving compensation for damaged immovable property objects, specified in subparagraph "c" of clause 6 of part one of Article 1 of this Law, or for destroyed objects objects of immovable property, defined by subparagraph "c" of clause 4 of the first part of article 1 of this Law;

d) persons who invested/financed the construction of construction objects, in respect of which the right to perform construction works was obtained before the Law of Ukraine "On Guaranteeing Property Rights to Real Estate Objects to be Built in the Future" came into force - in the case receiving compensation for damaged objects of immovable property, specified in subparagraph "c" of clause 6 of the first part of Article 1 of this Law, or for destroyed objects of immovable property, specified in subparagraph "c" of clause 4 of the first part of Article 1 of this Law;

e) by members of housing and construction (housing) cooperatives who bought an apartment, other living space in the building, a manor-type house, garden or country house of the cooperative, but did not issue the ownership right to it, - in case of receiving compensation for damaged real estate objects property specified in subparagraphs "a"-"c" of clause 6 of the first part of Article 1 of this Law, or for destroyed objects of immovable property specified in clause 4 of the first part of Article 1 of this Law;

e) heirs of the persons specified in subparagraphs "а"-"г" of this clause;

association of co-owners of multi-apartment buildings, managers of multi-apartment buildings, housing and construction (housing) cooperatives that maintain the respective buildings, persons authorized by co-owners of multi-apartment buildings in accordance with the Law of Ukraine "On Peculiarities of Exercising Ownership Rights in an Apartment Building" (in the case of if co-owners independently maintain an apartment building and in this building no association of co-owners of an apartment building has been created, no manager has been appointed, there is no housing and construction (housing) cooperative that carries out its maintenance), - in case of receiving compensation for damaged common property of an apartment building .

During the period of martial law and within one year after its termination or cancellation, it is possible to apply to the Commission for Consideration of Issues Regarding Compensation for Damages with an application for receiving compensation for the destroyed object of immovable property. The aforementioned application can be submitted both electronically and in writing.

If you have additional questions, please contact me, I will be happy to help.

08.06.2023 20:56

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