Draft bill #11444 of July 26, 2024 

Cosponsors: a group of 27 MPs from the Servant of the People faction with Olena Shuliak as the first signatory 

Status: sent for review to the Committee on Economic Development 

Who is affected: persons whose property was destroyed or damaged due to the Russian aggression; the Ministry for Communities, Territories, and Infrastructure Development; the Cabinet of Ministers; the Ministry for the Reintegration of the Temporarily Occupied Territories 

Summary: 

  • citizens who purchase housing using compensation for destroyed real estate will not pay pension fees 
  • a certificate of ownership from the Bureau of Technical Inventory (BTI) will no longer be required to receive compensation for destroyed or damaged housing. Currently, this certificate is mandatory. This will simplify the process for citizens who have not registered their damaged or destroyed property in the State Register of Real Estate Rights 
  • if compensation for destroyed property was obtained illegally, arrests and confiscation of funds will be allowed 
  • the bill clarifies that the application form for a housing certificate (an electronic document confirming state guarantees for buying housing) can be: 
    • electronic document generated via Diia or the Register of Damaged and Destroyed Property 
    • extract from the Register of Damaged and Destroyed Property about the housing certificate in electronic or paper form 
  • it will be possible to get compensation for real estate in areas unsuitable for habitation (where the actual state of infrastructure is unfit for human activity or existence). The list of such localities will have to be approved by the Cabinet based on the proposals from the Ministry for Reintegration 
  • receiving compensation for damaged or destroyed property will be a right, not an obligation, and a person will exercise it voluntarily 
  • compensation for damaged or destroyed housing under mortgage will be provided with the creditor’s consent 
  • information about the composition of the commission reviewing compensation cases, its location, contacts, and working hours will have to be published by executive bodies of local councils, military, or civil-military administrations of localities on their official websites 
  • decisions to refuse compensation will have to include a comprehensive list of grounds for the refusal 
  • decisions on granting or denying compensation for destroyed real estate will have to be approved by an executive body of the local council, military, or civil-military administration of the locality. Only after this they will be able to generate a housing certificate in the Register and provide an extract from it to the applicant 
  • a citizen will have the option to withdraw their application for compensation for damaged or destroyed housing. The commission will have to consider such a request within 5 days 
  • at the request of the recipient, it will be allowed to use compensation for destroyed property to repay a loan for purchasing housing, the land on which it is located, or a share in the ownership of such property 
  • simultaneously with the provision of compensation, the recipient will conclude an agreement assigning to the state or local community the right to demand compensation for damages caused by Russia’s aggression in the amount of compensation received from the Russian Federation 
  • in the case of submitting an application for property that was not damaged or destroyed as a result of Russian aggression, the application will be refused 
  • in case of misappropriation of compensation for damaged or destroyed property, the recipient will have to return the full amount 
  • information about damaged or destroyed private, municipal, and state real estate for purposes not related to receiving compensation will be submitted to the Register of Real Estate Rights by: 
    • executive bodies of local councils 
    • local state administrations, military, or civil-military administrations of raions, oblasts, and localities. 

What is right: 

  • the bill simplifies the process of receiving compensation for property destroyed or damaged due to the aggression of the Russian Federation 
  • the bill addresses shortcomings in existing regulations, making the compensation process more transparent 
  • the issue with compensation for real estate located in areas unsuitable for human habitation is addressed. 

Additional information: 

  • article by Oleh Savychuk: Post-war reconstruction of communities and compensations: how it will work and why local authorities will remain silent