Registering Damage Caused by Russian Aggression against Ukraine: New Categories of Claims for Business

30.12.2024

On 23 December 2024, the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (“RD4U”) adopted new categories of claims, marking a significant milestone in the ongoing effort to document war-related damages and pave the way for future reparations. These newly introduced categories enable both legal entities and individuals to submit claims for a wider range of damages and losses caused by Russia’s aggression against Ukraine. Respective claims will be submitted via Diia, Ukraine’s official government services portal, as soon as the necessary technical arrangements are in place for each respective category.

New categories of claims approved

The latest updates introduce additional categories across Groups A (individuals), B (the state of Ukraine), and C (legal entities), significantly expanding the scope of eligible claims.

The Rules and Claim forms that were most recently released introduce additional categories of claims for individuals who have experienced severe humanitarian and personal losses due to the Russian aggression against Ukraine (involuntary displacement outside of Ukraine; serious personal injury; sexual violence; torture or inhuman or degrading treatment or punishment; deprivation of liberty; forced labour or service; forcible transfer or deportation of children and adults; loss of housing or residence; loss of gainful employment; loss of individual enterprise; and loss of access or control of immovable property in temporarily occupied territories).

For the state and legal entities, the following categories have been finalised and opened:

B1.5 – Damage or destruction of public buildings and facilities

C1.5 – Damage or destruction of non-residential immovable property (not related to business losses)

C3.1 – Damage, destruction, or loss of assets

C3.2 – Loss of control of property in the temporarily occupied territories

C3.3 – Relocation (evacuation) of businesses

These categories are in addition to the categories of claims approved and released in July 2024, namely: damage or destruction of critical and non-critical infrastructure (B1.1, B1.2, C1.1, C1.2); damage or destruction of residential immovable property – residential areas (B1.3, C1.3); and damage or destruction of residential immovable property – common use areas (B1.4, C1.4).

For legal entities, claim forms and rules for a few further categories of claims are still to be released: damage or destruction of objects or buildings (C2.1); loss of objects of cultural value (C2.2); other economic losses (C3.4); and humanitarian expenditures (C4). According to RD4U, they have already been approved by the Board and await final approval by the Conference of Participants.

Further details on the new categories of claims for business

  • Applies to non-residential properties not intended for profit-generation.
  • Claims are limited to the value of destroyed property or repair/reconstruction costs.

C3.1 Damage, Destruction, or Loss of Assets

  • Covers damage, destruction, or loss of tangible and intangible assets expected to generate economic benefits.
  • In addition to the value of damaged, destroyed or lost assets, claims may include loss of profits from the relevant assets, total loss of business, as well as other direct costs incurred as a result of such damage, destruction, or loss.
  • Claims for damage or destruction of infrastructure or residential immovable property may also be submitted in another relevant category (C1.1, C1.2, C1.3 or C1.4). However, in such cases, any claims for loss of profits, as well as other direct costs incurred as a result of such damage or destruction of infrastructure or residential immovable property must be submitted in this category.
  • Financial documentation must include business accounts and detailed financial assessments.

C3.2 Loss of Control of Property in Temporarily Occupied Territories

  • Applies in the event of the deprivation, in whole or in significant part, of the ability of the property’s owner to use, enjoy or dispose of its property without the reliance on the Russian Federation, its government, local and regional authorities or any entity owned or controlled by them.
  • Claims in this category may include the value of the property, the loss of profits, as well as the total loss of business.
  • Claimants must update the RD4U if control of property is later restored.

C3.3 Relocation (Evacuation) of Businesses

  • Covers costs from physical relocation or urgent evacuation.
  • Eligible costs include transportation, logistics, business restart expenses, and housing for personnel.

Key common feature across all new categories of claims for business

Evidence requirements

For all categories, claimants must provide comprehensive evidence to support their claims, including:

  • Proof of identity and authority of the representative
  • Proof of ownership or control of the affected property or assets
  • Description and assessment of damage, destruction, or loss
  • Supporting financial documentation, such as business accounts, invoices, and valuation reports
  • Itemisation of the claim and methodology for determining the estimated amount

For claims involving loss of profits, supporting evidence must demonstrate pre-loss financial performance, including business accounts for preceding years.

Authorised representative

  • Legal entities must appoint a Principal Representative, typically listed in the entity’s official registry (e.g., director or chairperson).
  • Representatives must use Diia to submit claims and can appoint additional representatives via Digital Authority (sub-delegation is not allowed).
  • The representative is responsible for ensuring accuracy, completeness, and validity of the submitted claim and supporting documents.

Temporal and territorial limitations

For claims to be considered:

  • The damage, destruction, or loss must have occurred on or after 24 February 2022.
  • It must have taken place within Ukraine’s internationally recognised borders, including territorial waters.
  • Claims must result from internationally wrongful acts committed by Russia against Ukraine.
  • Prepare documentation: organise supporting evidence with attention to detail.
  • Verify representative authority: Ensure authorised representatives are registered in Diia.
  • Monitor updates: Stay informed about technical readiness for each claim category on the RD4U website.
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