Disclaimer, Information, and Instructions for the Claimants for category A3.7
- This Claim Form is for the submission of a Claim to the Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine in category A3.7 – Other economic losses.
- The determination of whether your Claim is eligible to be recorded in the Register is made by the Board of the Register. Such a determination does not mean that the substance of the Claim or its valuation has been examined, any compensation has been awarded, or any payment to you is due. Examination of your Claim and award of any compensation will be carried out by a future compensation mechanism (within the meaning of the Statute of the Register) that is yet to be established.
- Before submitting the Claim, you are encouraged to consult the information about the Register on its website at www.RD4U.claims or www.RD4U.coe.int and the various rules and instructions related to the submission of the Claims, in particular the Rules Governing the Submission, Processing and Recording of Claims, Claim Form and Rules: Claims category A3.7 – Other economic losses, as well as Frequently Asked Questions.
- All Claims must be submitted by using Claim Forms approved by the Register for each category of Claims. This Claim Form is to be used for submission of Claims by or on behalf of individuals who sustained other economic losses in the territory of Ukraine within its internationally recognised borders on or after 24 February 2022 as a result of the Russian Federation’s internationally wrongful acts in or against Ukraine – Claims category A3.7. This Claim Form can also be used for the submission of Claims for other economic losses sustained outside of the territory of Ukraine, but directly linked to an event that occurred in the territory of Ukraine. If you wish to submit a Claim for a different type of loss, damage or injury, you should use the Claim Form for the relevant Claims category.
- Category A3.7 covers Claims for other economic losses that do not fall within any other relevant Claims category.
- Claims for other economic losses may be made in relation, but are not limited, to:
- economic losses resulting from the loss of support (meaning any form of contribution to the welfare of the family, both paid – such as the payment of alimony, dependent and subsistence allowances, pension benefits, insurance benefits – and unpaid) as a consequence of the death, disappearance, deprivation of liberty, forcible transfer or deportation of an immediate family member;
- medical and burial expenses borne by the Claimant and directly related to the death of an immediate family member, including expenses incurred in locating the family member’s body and repatriating the remains;
- economic losses resulting from damage, destruction or loss of movable property of significant value (corresponding to the value of the property, in case of destruction or loss, and the costs of repairs or reconstruction, in case of damage) owned by the Claimant. “Movable property” includes, but is not limited to, objects of cultural value, items of exceptional value or rarity that are not considered ordinary personal belongings damaged, destroyed or lost in connection with the Claimant’s loss of housing or residence, and vehicles, vessels, and aircrafts;
- economic losses of a Claimant who is registered as an individual entrepreneur or self-employed, that do not fall within categories A3.4 – Loss of gainful employment and A3.5 – Loss of individual enterprise. These include, but are not limited to:
i) economic losses resulting from damage, destruction or loss of assets owned and used by the Claimant in connection with his or her professional activities;
ii) expenses linked to the evacuation or relocation of the Claimant’s professional activities, from their location in the territory of Ukraine within its internationally recognised borders, extending to its territorial waters, to another location (including transportation and logistical costs, business restart costs, and other direct costs).
- Your Claim must be submitted to the Register through Diia web portal at www.diia.gov.ua/services/RD4U. The Register will process and review the Claim and the supporting Evidence and decide whether your Claim is eligible for recording in the Register. You will be informed of the Register’s decision in due course through Diia.
- You will be required to submit certain information and Evidence in support of your Claim, including information regarding your identity. You will also be asked to submit further information about the losses in question and information about the estimated amount of the Claim, its itemisation and methodology of determination. Some information will be drawn from various existing electronic sources.
- You are encouraged to submit all relevant Evidence in support of your Claim. This encompasses any documents, records, statements, photos or other material that will facilitate the Register’s processing and review of your Claim. You are encouraged to preserve originals of all Evidence and all potential further Evidence that you may wish to submit at a later date while awaiting the resolution of your Claim.
- You will be able to submit additional information and upload files with Evidence to support your Claim consistent with the technical requirements of the Register. You will have a chance to check all information before it is submitted to the Register.
- You do not need to complete your Claim all at once, and you will be able to save the draft Claim and complete it at a later stage. However, it is advisable to ensure that all the necessary information is prepared and available to you.
- You should ensure that the files submitted as part of your Claim are accessible, readable and not infected with computer viruses or any form of malicious software. If the Register identifies any files submitted by you as inaccessible, unreadable, or infected, your Claim may not be recorded in the Register.
- By submitting your Claim and the supporting Evidence and information, you agree to transfer personal data to the Register and authorise the Register to store, process and transfer such personal data in accordance with the Register’s Principles on the Protection of Personal Data.
- Claims by Russian nationals are not eligible to be recorded in the Register. However, Claims by Russian nationals may be recorded in the Register if they can establish that they also hold another nationality.
- By submitting your Claim and the supporting Evidence and information, you confirm that they are a truthful representation of your identity as a Claimant, your nationality, your right to make a Claim, and the content of the Claim. You understand that submitting an untruthful or false Claim may result in your Claim being considered as manifestly unfounded and not recorded in the Register.