Ukraine will ensure the accounting for war damage since 2014

On November 20, 2024, the Verkhovna Rada of Ukraine adopted an important Law No. 10256 “On the Accounting of Information on Damage to Personal Non-Pecuniary Rights of Individuals as a Result of the Armed Aggression of the Russian Federation against Ukraine”, which was drafted and advocated by a coalition of organisations concerned with the protection of the rights of victims of armed aggression against Ukraine, including the Human Rights Centre ZMINA.

Photo: REUTERS/Vladyslav Musiienko

This law introduces a general accounting system for non-pecuniary damage caused to our citizens by Russia.

According to this law, a State Register of Persons Affected by the Armed Aggression of the Russian Federation Against Ukraine (Register of Affected Persons) is to be established to ensure compensation for damage caused to their life and health. The register will include:

• A registration of citizens whose lives and health were harmed as a result of the Russian armed aggression against Ukraine;
• The exchange of data between state registers, in terms of exchanging information on the recording of damage to the life and health of citizens caused by the armed aggression of the RF against Ukraine;
• An accounting of expenses of the state and local budgets, budgets of social funds related to the provision of assistance and support to citizens affected by the Russian armed aggression.

Alena Lunova, Advocacy Director of the Human Rights Centre ZMINA, notes that the most important thing about this law is that it will finally introduce a unified system of accounting for damage caused by the armed aggression against Ukraine.

“This law deals specifically with non-pecuniary damage, as we already account for property damage, and here we are talking about damage to life and health, access to basic services, and internal displacement. The draft law describes these categories in detail,” explains Lunova.

She also adds that it is important that the issue of damage accounting will be carried out since 2014, i.e. since the beginning of Russia’s armed aggression against Ukraine.

“It is also important to say that this law introduces accounting since 2014. That is, in fact, if the International Register of Damage refers to damage accounting and compensation only for the period of the full-scale invasion, this law introduces a system of accounting for damage caused by the armed aggression of the RF, starting from 2014. Obviously, this is a progressive step, as not all the damage caused by the aggression was accounted for. Therefore, it is important that we see the categories that have not been accounted for and introduce all the necessary mechanisms for this,” said Alena Lunova.

Law No. 10256 lasted for a year before its adoption, with the involvement of ZMINA.

Thus, after the document was registered by the government in November 2023, it was criticised by human rights organisations. After that, the Verkhovna Rada Committee on Social Policy and Veterans’ Rights created a working group, which included experts from the Coalition of Organisations Working to Protect the Rights of Victims of Armed Aggression against Ukraine, who pointed out several shortcomings in the document.

According to Alena Lunova, it was in the working group that the philosophy and logic of the law changed during the revision of the then-draft law with the participation of human rights defenders. Finally, on November 20, 2024, the Ukrainian parliament adopted the law. Now it has to be signed by the President of Ukraine, and the government must adopt the regulations necessary to implement the law after its publication.