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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 20, 2022 No. 326

About approval of the Procedure for determination of the harm and damage caused to Ukraine as a result of the armed aggression of the Russian Federation

(as amended on 08-11-2022)

The Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for determination of the harm and damage caused to Ukraine as a result of the armed aggression of the Russian Federation which is applied.

2. To the ministries, another and local executive bodies to develop and approve central in the six-months time of technique, provided by the Procedure approved by this resolution.

3. To the ministries, another central and to the local executive bodies responsible for determination of damage and losses for the directions provided by the Procedure approved by this resolution to provide annually till April 1 of the next period to the Ministry of questions of reintegration of temporarily occupied territories the relevant information for its generalization and provision by June 1 to the Cabinet of Ministers of Ukraine.

4. To the Ministry of Justice to use results of determination of damage and losses for the purpose of implementation of protection of the rights and interests of Ukraine during dispute settlement, consideration in foreign jurisdictional bodies of the cases and/or statements connected with indemnification, caused as a result of armed conflict of the international nature / the armed aggression of other states in the territory of Ukraine.

5. Provide to local public administrations (for warlike situation - to military authorities), to executive committees of village, settlement and city councils the right to carry out the analytical and standardized assessment of damage and the losses caused owing to the armed aggression of the Russian Federation.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 20, 2022, No. 326

Procedure for determination of the harm and damage caused to Ukraine as a result of the armed aggression of the Russian Federation

1. This Procedure establishes the procedure of determination of harm and damage, caused to Ukraine as a result of the armed aggression of the Russian Federation (further - harm and losses), since February 19, 2014.

2. Determination of harm and damage is performed separately in the following directions:

1) human losses and the related social expenses - the direction which includes all human losses (death or mutilations of civilians) which arose owing to the armed aggression of the Russian Federation and also the expenses connected with purpose of different types of the government public assistance and provision of social services.

The main indicators which are estimated:

the number of the civilians who died as a result of the armed aggression of the Russian Federation;

the number of the civilians who lost the residence as a result of the armed aggression of the Russian Federation;

the number of the civilians receiving pension in case of loss of the supporter for persons who died as a result of fighting;

the number of civilians with disability, including children with disability who became disabled owing to wound, contusions, mutilations or diseases got owing to fighting and the related accidents to which social guarantees and different types of the government public assistance are provided;

the number of children, parents or one of parents of which died (died) as a result of the armed aggression of the Russian Federation or parents of which do not carry out the obligations on education and content of the child for the reasons which cannot be found out in connection with stay of parents in the territories located around military (fighting) operations or which are in temporary occupation, environment (blocking).

Determination of harm and amount of social payments which are provided according to the legislation is in cash performed according to the technique approved by Minsotspolitiki's order in coordination with Minreintegration.

Minsotspolitiki is responsible for determination of harm and damage for the given direction;

2) the economic losses connected with human losses - the direction which includes the indirect economic losses connected with population decrease and the corresponding reduction of economic indicators of the country.

The main indicators which are estimated:

losses of gross domestic product owing to death of people;

losses of gross domestic product in connection with disability of persons who became persons with disability owing to wound, contusions, mutilations or diseases got owing to the armed aggression of the Russian Federation.

Determination of harm and damage is in cash performed according to the technique approved by the order of Ministry of Economics in coordination with Minreintegration.

The Ministry of Economics is responsible for determination of harm and damage for the given direction;

3) military losses - the direction including the human and material military losses and expenses connected with fighting.

The main indicators which are estimated:

human losses (death, the death of the military personnel of Armed Forces, other components of forces of defense) during participation in anti-terrorist operation, actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation;

expenses on payment of the one-time monetary assistance in case of death (death), disability or partial disability without establishment of disability of the military personnel during participation in anti-terrorist operation, actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation;

the material military losses and expenses connected with fighting;

expenses on utilization of the damaged equipment and ammunition;

the expenses connected with mine clearing of areas of military (fighting) operations;

the means collected from the Ministry of Defence and other subjects of the sector of safety and defense based on decisions of the courts of Ukraine for the losses put with illegal actions of the Russian Federation in the form of acts of terrorism, diversions.

Determination of harm and damage is performed according to the technique approved by the order of the Ministry of Defence in coordination with Minreintegration.

And amount of losses in the given direction the Ministry of Defence is responsible for determination of damage;

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