What should one do in such cases? How can one proceed when documents are lost? What solutions does current legislation offer?
In this article, we analyze the applicable laws, review judicial practices, and propose ways to protect the rights of individuals facing these challenges.
Authors:
📘 Nadiia Gnizdovska – Partner at “Juris Ferrum” Law Firm, Head of the Construction Law Committee of the Odessa Bar Council.
📘 Ganna Gnizdovska – Managing Partner at “Juris Ferrum” Law Firm, Secretary of the Construction Law Committee of the Odessa Bar Council.
📘 Anastasiia Akhlamova – Legal Assistant at “Juris Ferrum” Law Firm.
Key Points of the Article:
✔️ Ukraine has enacted legal regulations to govern compensation for damaged or destroyed property (Law No. 2923-IX and Cabinet of Ministers Resolutions).
✔️ To receive compensation, applicants must provide ownership documents (e.g., purchase agreements, inheritance certificates). If such documents are missing, restoration is required.
✔️ The main challenges include loss of documents due to destruction or occupation and restricted access to Bureau of Technical Inventory (BTI) archives.
✔️ If documents are lost, owners may file a lawsuit to establish property ownership. Judicial practices confirm the possibility of restoring rights through court proceedings (e.g., cases No. 217/225/23 and No. 204/13158/23).
✔️ Legislative gaps must be addressed to ensure prompt and fair compensation processes by adapting legal norms to wartime conditions.
For more details, read the full article.