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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 26, 2022 No. 380

About collection, processing and accounting of information on the damaged and destroyed real estate as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine

(as amended on 13-06-2023)

The Cabinet of Ministers of Ukraine decides:

1. Enter collection and accounting of information about damaged and destroyed owing to the military operations, acts of terrorism, diversions connected with the armed aggression of the Russian Federation against Ukraine, real estate of citizens of Ukraine for the purpose of further use of mechanisms for recovery of the violated property rights of persons.

2. Approve the Procedure for submission of the information message about the damaged and destroyed real estate as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine which is applied.

3. Make changes to the enclosed resolutions of the Cabinet of Ministers of Ukraine.

4. To provide to the ministry of digital transformation:

collection and storage of information messages about the damaged and destroyed real estate as a result of the fighting, acts of terrorism, diversions connected with the armed aggression of the Russian Federation against Ukraine (further - the information message), software of the Single state web portal of electronic services (further - the Action Portal), including with use of mobile application of the Action Portal (Action);

within a week from the date of entry into force of this resolution technical capability on submission of the information message through the Action Portal, in particular, with use of mobile application of the Action Portal (Action), and publication of information on the beginning of collection of such information;

possibility of creation and representation of provision of administrative services by the centers and notaries of messages on the damaged and destroyed real estate as a result of the fighting, acts of terrorism, diversions connected with the armed aggression of the Russian Federation against Ukraine through the Action Portal;

access of public authorities, local government bodies, contractors of utilities, associations of co-owners of apartment houses, managing apartment houses, hostels, building (housing) cooperatives which provide content of the respective houses, to information messages (according to their address);

promulgation on the Single web portal of executive bodies of Ukraine information on the damaged and destroyed real estate as a result of the fighting, acts of terrorism, diversions connected with the armed aggression of the Russian Federation against Ukraine except information containing personal data;

transfer of the received information messages to the holder of the State register of the property damaged and destroyed as a result of the fighting, acts of terrorism, diversions connected with the armed aggression of the Russian Federation against Ukraine, within a month from the date of its creation.

5. Provide to the Ministry of Justice transfer of digital transformation of data to the Ministry from the Unified register of notaries about surnames, own names, middle name (in the presence) and certificate numbers about the right to occupation with notarial activities of notaries within three days from the date of entry into force of this resolution.

6. Determine that after entry into force of the Law of Ukraine on settlement of the relations on compensation for damage and destruction of real estate units as a result of military operations, acts of terrorism, diversions connected with the armed aggression of the Russian Federation against Ukraine the information messages submitted physical persons according to this resolution on damage or destruction are equated to statements for provision of compensation for the damaged and destroyed real estate units:

apartments, other premises in the building, private apartment houses, garden and country houses;

construction objects (apartment houses, private apartment houses, garden and country houses) in which the bearing and external protecting designs were built (except for translucent designs and filling of apertures domestic) and concerning which the right to accomplishment of construction works is acquired;

components of the objects determined by the paragraph third this Item (apartments, other premises in the building) which after acceptance in operation are independent real estate units.

7. This resolution becomes effective from the date of its publication, except Item 8 of the Procedure approved by this resolution which becomes effective since April 11, 2022.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 26, 2022, No. 380

Procedure submission of the information message about the damaged and destroyed real estate as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine

1. This Procedure determines conditions, the mechanism and the procedure of submission of the information message about the damaged and destroyed real estate as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine (further - the information message).

2. Action of this Procedure extends on physical persons and legal entity which real estate units are destroyed or damaged as a result of fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine (further - persons), since February 19, 2014 that also the legal regime in temporarily occupied territory of Ukraine is start date of temporary occupation of the separate territories of Ukraine by the Russian Federation according to part two of article 1 of the Law of Ukraine "About providing the rights and freedoms of citizens", namely on:

1) the physical persons which are:

owners of the respective real estate or customers of construction concerning construction objects;

members of building (residential) cooperatives who redeemed the apartment, other premises of cooperative, but did not draw up the property right to it;

persons which performed investment and financing of construction of facilities concerning which the right to accomplishment of construction works is acquired (in particular the objects accepted in operation concerning which the property right is not drawn up);

heirs of persons determined by paragraphs the second or fourth this subitem;

2) the legal entities who are:

owners (asset holders) of the respective real estate or customers of construction concerning construction objects or on which such property (construction objects) is fixed on the right of economic maintaining or the right of operational management;

persons which performed investment and financing of construction of facilities concerning which the right to accomplishment of construction works is acquired (in particular the objects accepted in operation concerning which the property right is not drawn up);

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