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LAW OF UKRAINE

of February 23, 2023 No. 2923-IX

About compensation for damage and destruction of separate categories of real estate units as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine and the State register of the property damaged and destroyed as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine

This Law determines legal and organizational basis of provision of compensation for damage and destruction of separate categories of real estate units as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine from the date of entry into force of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022 No. 64/2022, No. 2102-IX approved by the Law of Ukraine "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022, and also the legal basis of creation and maintaining the State register of the property damaged and destroyed as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine.

Operation of this law regarding provision of compensation for damage and destruction of separate categories of real estate units does not extend to real estate units, on the date of entry into force of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022 No. 64/2022, No. 2102-IX approved by the Law of Ukraine "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine" of February 24, 2022, were in the territory of Ukraine determined according to the Law of Ukraine "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine" which is temporarily occupied by the Russian Federation.

Article 1. Determination of terms

1. In this law terms are used in the following value:

1) the house of farmstead type - the apartment house (including cottage, the blocked house) located on the homestead parcel of land which consists of residential and auxiliary (non-residential) rooms;

2) the State register of the property damaged and destroyed as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine (further - the register damaged and destroyed property), - the single state information and communication system, intended for collection, accumulating, accounting, the processing, storage and information security (documents) on personal and real estate (further - property) damaged and destroyed as a result of fighting, acts of terrorism, diversions, caused by the armed aggression of the Russian Federation against Ukraine, persons, whose property is damaged or destroyed, material damage (including damage), caused as a result of damage and destruction of such property, compensation for damage and destruction of such property, financing of recovery of the damaged and destroyed property, and also to the other information (documents) determined by this Law;

3) the residential certificate on acquisition of object of the residential real estate (further - the residential certificate) - the electronic document confirming guarantees of the state on ensuring financing of acquisition of object of the residential real estate (including investments/financings of its construction), the parcel of land on which such object, shares in the property right to such property in the amount equal to the sum of money specified in such document is located;

4) the destroyed objects of immovable property - real estate units which are located in Ukraine and steel unsuitable for use on purpose owing to the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine which recovery is impossible by the running or capital repairs, reconstruction, restoration or economically inexpedient:

a) apartments, other premises in the building, houses of farmstead type, garden and country houses;

b) construction objects (houses of farmstead type, garden and country houses) in which at the time of destruction the bearing and external protecting designs were built (except translucent designs and filling of doorways), concerning which the right to accomplishment of construction works is acquired;

c) components of construction objects (apartments, other premises in the building) which after acceptance in operation are independent real estate units provided that at the time of destruction at construction object the bearing and external protecting designs (except translucent designs and filling of doorways) were built concerning which the right to accomplishment of construction works is acquired;

5) compensation for the damaged/destroyed real estate unit:

a) performance of works, connected with construction, on the damaged real estate unit for the purpose of its recovery and/or provision of construction products for accomplishment of such works;

and-1) provision of the money by their transfer to the current account of the receiver of compensation with the special mode of use for performance of works connected with construction on the damaged real estate unit for the purpose of its recovery and/or acquisition of construction products for accomplishment of such works;

and-2) provision of money by their transfer to the current account of the receiver of compensation for the construction products acquired by it and/or the repair work performed by it on the damaged real estate unit for own means;

b) provision of money by their transfer to the current account of the receiver of compensation with the special mode of use for construction of the house of farmstead type, the garden or country house;

c) financing of acquisition of object of the residential real estate (including investments/financings of its construction), the parcel of land on which such object, shares in the property right to such property with use of the housing certificate is located;

5-1) objects of the residential real estate apartment, other premises, the house of farmstead type, the garden or country house (including the apartment, other premises, the house which will be built in the future)

6) the damaged objects of immovable property - the real estate units located in Ukraine and damaged as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine can be also recovered by the running or capital repairs, reconstruction or restoration which recovery is economically reasonable:

a) apartments, other premises in the building, houses of farmstead type, garden and country houses;

b) construction objects (houses of farmstead type, garden and country houses) in which at the time of damage the bearing and external protecting designs are built (except translucent designs and filling of doorways), concerning which the right to accomplishment of construction works is acquired;

c) components of construction objects (apartments, other premises in the building) which after acceptance in operation are independent real estate units provided that at the time of damage at construction object the bearing and external protecting designs (except translucent designs and filling of doorways) are built concerning which the right to accomplishment of construction works is acquired;

d) common property of the apartment house other than the parcel of land;

7) digital code of the statement for provision of compensation for the destroyed real estate unit (further - digital code) - code which reading by the corresponding device and/or recognition by software gives the chance to get acquainted with up-to-date information about condition of consideration of the application about provision of compensation for the destroyed real estate unit.

2. Other terms are used in this law in the following values:

the terms "large family", "orphan child", "children deprived of parent guardianship" - in the values given in the Law of Ukraine "About child care";

the term "common property of the apartment house" - in the value given in the Law of Ukraine "About features of implementation of the property right in the apartment house";

the terms "combatants", "persons with disability owing to war" - in the values given in the Law of Ukraine "About the status of veterans of war, guarantees of their social protection";

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