Disclaimer, Information, and Instructions for the Claimants for categories B1.1, B1.2, C1.1, and C1.2
- 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 categories B1.1, B1.2, C1.1 and C1.2 – Damage or Destruction of Critical and Non-Critical Infrastructure.
- The determination of whether a 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 is due. Examination of a 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 Claims, in particular the Rules Governing the Submission, Processing and Recording of Claims.
- 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 for damage to, or destruction of, infrastructure that was sustained on or after 24 February 2022 in the territory of Ukraine within its internationally recognised borders as a result of the Russian Federation’s internationally wrongful acts in or against Ukraine – Claims categories B1.1, B1.2, C1.1, and C1.2. 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.
- The Claim must be submitted to the Register through Diia, via the web portal at www.diia.gov.ua/services/RD4U. The Register will process and review the Claim and the supporting Evidence and decide whether the Claim is eligible for recording in the Register. The Register’s decision will be communicated in due course through Diia.
- As a Representative of a Claimant, you will be required to submit certain information and Evidence in support of the Claim you file, including proof of your identity and authorisation to act on behalf of the Claimant, proof of the Claimant’s identity, and proof of ownership (including, as applicable, economic management («господарське відання»), operational control («оперативне управління»), or the right of usufruct) of the infrastructure. You will also be asked to submit further information about the infrastructure in question, including information about how the infrastructure was damaged or destroyed, a description and evaluation of the damage and destruction, and information about the estimated value of the Claim as well as whether it is the Claimant’s submission that the infrastructure in question qualifies as critical infrastructure. You are required to submit a detailed description of your Claim as a whole, as well as its elements in the Claim Form.
- Claims in this category can be submitted only for the value of the destroyed property or for the cost of repairs or reconstruction of damaged infrastructure or its function. Claims for other consequences of damage or destruction of infrastructure shall be submitted in other appropriate categories. Accordingly, you should not submit Evidence with respect to such other aspects of this Claim.
- Some information will be drawn from various existing electronic sources and will be automatically available through Diia. Some information and Evidence will have to be put in manually. You will have a chance to check all information before it is submitted to the Register.
- You are encouraged to submit all relevant Evidence in support of the Claim. This encompasses any documents, records, statements, photos or other material that will facilitate the Register’s processing and review of the 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 the Claim.
- You do not need to complete the Claim Form all at once, and you will be able to save the draft Claim and complete it at a later stage.
- You should ensure that the files submitted as part of the 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, the Claim may not be recorded in the Register.
- By submitting the Claim and the supporting Evidence and information, you confirm that you have the right to transfer any personal data contained in the Claim or related Evidence to the Register, you agree to such transfer 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.
- By submitting the Claim and the supporting Evidence and information, you confirm that the information about your identity and authorisation to act on behalf of the Claimant is true. The Claimant confirms its identity and that the content of the Claim Form and the attached Evidence and information is true. 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.
