Claims Processing

As soon as individuals, the State of Ukraine, or other legal entities submit a claim via the Diia web portal, that claim and all files included by the Claimant are instantaneously transmitted to the Register of Damage for Ukraine.

Screening

The files are promptly screened for computer viruses, malware, and other harmful software, and afterwards are checked to ensure the files can be opened and their data can be interpreted effectively. In the event a claim does not meet these technical requirements, the Claimant will be notified in Diia so that the issue can be resolved and the claim can be resubmitted.

Processing

Following completion of this screening, the claim is ready to be processed by the Secretariat of the Register. The Secretariat reviews a claim against four eligibility criteria to assess whether it:

is submitted by or on behalf of an eligible claimant; and
is for damage, loss, or injury that was caused:
on or after 24 February 2022;
in the territory of Ukraine within its internationally recognised borders, extending to its territorial waters; and
by the Russian Federation’s internationally wrongful acts in or against Ukraine.

In performing this review, the Secretariat puts claims into groups according to the type of claim, the size of claim, the similarity of legal and factual issues, as well as other relevant considerations. This helps ensure a consistent treatment of similar claims, while enhancing the effectiveness of the Register’s work.

The Secretariat may consider information, such as statistics or summaries of legal or factual issues, that it has received from national governments, international organisations, or other entities. The Secretariat may also request changes, clarifications, or further information from the Claimant.

Depending on the claims, and if approved by the Board of the Register, the Secretariat may use mass claims processing techniques and tools, such as computer-assisted data processing, data analysis, data sampling, and the use of artificial intelligence. Any claims processed with artificial intelligence are further checked by the Secretariat.

Once its review is complete, the Secretariat prepares recommendations to the Board concerning the recording of claims. These recommendations are forwarded to the Board along with the relevant claims.

Board’s Consideration and Decision

At least once every quarter, the Board meets in person to consider claims and to decide whether they are eligible to be recorded in the Register. In addition to these regular meetings, the Board may also meet virtually or exercise its decision-making in writing with respect to claims.

The key question for the Board is whether a claim meets the four eligibility criteria to be recorded in the Register. The Board does not determine questions concerning responsibility, nor does it allocate any payments or compensation. In deciding whether to record claims in the Register, the Board may consider claims individually or in groups. The Board may also take into account judgments or awards by international courts or similar bodies.

After considering a claim, the Board may decide on one of four possible outcomes:

record the claim in the Register of Damage for Ukraine;
return the claim to the Secretariat with instructions for further processing;
reject the claim without prejudice, which allows the Claimant to resubmit the claim with additional information or after changes are made; or
reject the claim with prejudice, which precludes resubmission of the same claim.

The Board’s decision is final. Once issued, the Claimant is notified of the Board’s decision through Diia.

Recorded Claims

Eligible claims are recorded in the Register of Damage for Ukraine for the purpose of their future examination and adjudication. Following the establishment of a Claims Commission for Ukraine, recorded claims will be transferred to this successor institution for resolution of questions concerning responsibility and allocation of compensation.