Business should talk not only about compensation for the damage caused by the aggressor, but also about compensation for the harm caused – lawyer
Business should talk not only about compensation for the damage caused to it as a result of the aggression of the Russian Federation, but also about compensation for all the harm caused, Gennady Borisichev, founder of the Concor law firm, believes.
“Please note that damage is only part of such a concept as harm, in particular, harm caused by Russian aggression. Damage includes not only direct losses, but also additional costs, lost profits, and there is also moral damage. For example, for legal person to really prove the existence of moral damage caused, in particular, due to the loss of non-property assets, goodwill and others,” he told the Interfax-Ukraine agency.
The lawyer noted that for each of these types of damage there are specific features of fixation – the collection of evidence about the existence of the fact of damage and its size. At the same time, it is important to clearly establish all types of damage caused and prove both the very fact of the existence of damage and its size.
“It is important to consider and prove all components of the damage caused in a complex, that is, in interconnection. It is a mistake to break down the fixation and assessment of the amount of damage by separate objects of one business that suffered damage, since a business (enterprise) is a property complex, and includes both property, and non-property assets,” he said.
Borisichev drew attention to the fact that when assessing the damage, it is necessary to follow the Government Decree No. 326 of March 20, which establishes the procedure for determining the damage and damage caused to Ukraine as a result of the armed aggression of the Russian Federation.
The lawyer emphasized that in the near future it is expected to adopt an appropriate methodology for assessing harm and approving acts to fix it.
In addition, Borisichev noted that the need for a correct legal qualification of the actions that caused damage, which will affect the prospects for compensation.
“War is not an “event” like a natural disaster or accident, and not a private conflict, as a result of which harm is caused. Harm caused to a business, just refers to such grave consequences of war. Which in turn entitles a business to receive the status of a victim “That is, the use of such a legal approach allows us to involve the law enforcement agencies of the state in fixing the damage. This method of fixing the damage when assessing evidence both in Ukraine and in foreign jurisdictions will have certain advantages and allows you to attract the state to the side of the victim,” the lawyer explained.
Borisichev drew attention to the fact that the problem of compensation for damages caused by Russian aggression is not a common well-established practice for law firms. At the same time, an important point is the lack of a mechanism for enforcing decisions on claims for damages against the Russian Federation.
“This problem is extraordinary and has not yet been solved anywhere in the world, it requires the development of law enforcement practice. Ukrainian courts have positive experience in claims against the Russian Federation, there is positive experience in arbitration, but an important nuance has not yet been taken into account – the mechanism for implementing such decisions “, – he said.
Borisichev clarified that earlier the Konkor law firm won the right to the status of a victim as a result of Russian aggression several years before the start of the second hot stage of the war on February 24.
“Now our developments and experience in this area have become relevant and unprecedented,” he said.
The lawyer noted that among foreign jurisdictions, the most promising for the restoration of the violated rights of war victims are the jurisdictions of Britain, the United States and Canada.
He said that the law firm will focus on the development and implementation of the legal mechanism in Ukrainian courts.
Borisichev noted that at present, the current issues are the adoption in Ukraine of a law on compensation for damage to victims of Russian aggression and the creation of a common accessible mechanism for all categories of victims in Ukraine to obtain the status of victims and compensation for damage.
About 23,000 km of public roads have been destroyed as a result of Russia’s armed invasion of Ukraine, of which 8,000 km are state roads; 302 artificial structures were also destroyed.
As Andriy Ivko, First Deputy Head of the State Agency for Highways of Ukraine (Ukravtodor), said on the air of the national telethon, Ukravtodor currently estimates the damage from the destruction of roads by the occupiers at UAH 900 billion.
“Today we are performing work almost throughout the country, but we are clearing and restoring temporary crossings in three regions – Kyiv, Chernihiv and Sumy,” he said.
According to Ivko, 500 km of roads have already been cleared – these are state roads and communal roads, of which 212 km are the streets of Irpen, Bucha and other cities. In addition, 18 temporary crossings, detours, detours have already been built.
“For example, the highway Kyiv – Chop M-06. A bridge was destroyed in the village of Stoyanka. Now there is already a detour, and we are already restoring it. In addition, I can say about R-30: this is the entrance to Irpen. A temporary crossing was made in less than a week, design and survey work is also being carried out there. We will make a new bridge in this place,” Ivko said.
Earlier it was reported that President Volodymyr Zelensky held a meeting to develop a plan for the post-war renewal and development of Ukraine. Kirill Timoshenko, Deputy Head of the Presidential Office, said that the restoration of the country at all levels – economic, infrastructural, social – are the main directions included in the plan.
The State Agency for Highways of Ukraine (Ukravtodor) estimates the losses from damage to road infrastructure during the war with Russia at UAH 874 billion. “As of April 3, 23 thousand km of roads and 273 artificial structures – bridges, overpasses, etc. – were destroyed throughout Ukraine. The total amount (losses – IF) that we have already calculated is UAH 874 billion. That is, the restoration of those artificial structures and roads that were destroyed in this war will take such an amount: roads for UAH 835 billion and bridges for UAH 39 billion,” Andriy Ivko, first deputy head of Ukravtodor, said at a briefing at the Ukrainian Media Center on Sunday. He also stressed that Ukravtodor is counting the damage to the road infrastructure on a daily basis. “But we are already preparing for restoration, we are preparing design documentation for roads and bridges. So that when the war ends and we win, we can start work as soon as possible,” Ivko said. Most of the destruction, according to him, suffered roads in the East, South and part of the North of Ukraine.
The Cabinet of Ministers adopted an order to ensure the safety of navigation in the waters of Ukrainian ports in the Danube region and rail transport.
The government adopted the corresponding document No. 255-r on March 30.
According to it, the Ministry of Infrastructure, together with the Ministry of Economy and the Ministry of Finance, must ensure the allocation of funds from the reserve fund of the state budget to compensate for the damage caused as a result of the armed aggression of the Russian Federation against Ukraine and military operations on the territory of Ukraine in the event that insurers refuse to provide insurance coverage to charterers, operators and / or owners of sea vessels and inland navigation vessels sailing under the flag of Ukraine and the flags of foreign states, if such vessels are located in the waters of Ukrainian ports in the Danube region.
In addition, compensation for damage is provided to owners and / or operators of rolling stock admitted to circulation by railways on the track of 1435 millimeters, if such rolling stock is located on the territory of Ukraine.
As of March 24, 2022, the KSE Institute estimated damage to Ukraine’s infrastructure from the war in the country at $62.9 billion, or UAH 1.8 trillion, while its analysts increased the amount by $3.5 billion over the past week, according to a press release. release of the analytical division of the Kiev School of Economics KSE Institute.
“Compared to the data released on March 17, taking into account the new received more accurate data on damage (as a result of which certain items of losses were revised downward), the net increase (in damages) was $ 3.5 billion,” according to the KSE Institute. on Friday, citing data analysis from the Russia Will Pay project.
Analysts estimate that since the beginning of Russia’s full-scale invasion of Ukraine on February 24, the occupiers have damaged, destroyed or seized at least 4,431 residential buildings, 92 factories or businesses, 378 educational institutions, 138 healthcare facilities, eight civilian airports and 10 military airfields, seven TPP and HPP.
At the same time, over the course of a week, analysts received more detailed data from the Ministry of Infrastructure on the destruction of infrastructure facilities, on the basis of which, in a number of areas – railway infrastructure, bridges and bridge crossings, civil airports – the damage assessment was reduced.
General damage, including the expenses to repair buildings and restore property damaged and destroyed as a result of the January events in Kazakhstan, has been estimated at 136.8 billion tenge ($313.6 million), the press service for the Kazakh Ministry of Industry and Infrastructure Development said on Saturday. “According to the estimates of the commission created at the president’s instruction, throughout the country, damage has reached 136.8 billion tenge, including not only expenses to repair buildings, but also to recover damaged property,” the press service said.
According to the ministry, the state body suffered damage of 54,6 billion tenge ($125.1 million) out of the aforementioned amount, and 1,923 businsses suffered damage of 82.2 billion tenge ($188.4 million).