Lawyers helped Ukrainian get compensation for the house destroyed in the ATO zone

Pechersk District Court of Kyiv ruled to collect from the Cabinet and the State Treasury Service of Ukraine in favor of the citizen of Ukraine 4.6 million. hryvnia material damages for the destroyed house in the ATO area. The court also obliged to compensate the victims moral damage.

The interests of the village resident from the ATO zone were represented in court by the lawyer of attorneys at law "Skliarenko, Sydorenko and Partners", Tetiana Borysenko.

"Until the issue of the order and the indemnification mechanism caused by housing and other public property as a result of the ATO remains unresolved at the legislative level, - said the lawyer. “Therefore, citizens, often unsuccessfully, continue to file complaints to the state with the courts.”

In this regard, the expert named three important conditions for the courts to satisfy the claims in such cases:

1. The location of the damaged property in the territory of the ATO.

2. A voluntary transfer of survivors of the destroyed or damaged property to local state administration or local authority.

3. The presence of the inspection report of damaged (destroyed) property of a citizen as a result of the ATO, which confirms the extent of damage, and the order of the head of the district state administration.

“The greatest difficulty in the legal support of such cases is connected precisely with the conduct of a property survey,” T. Borisenko noted. “The fact is that district state administrations refuse to conduct a property survey, citing the impossibility of access to the territories on the contact line, given the danger to the lives of their employees.”

Interestingly, the court in this case did not accept the facts of the respondent that after the adoption of the Law “On Peculiarities of State Policy for Ensuring State Sovereignty of Ukraine Over Temporarily Occupied Territories in Donetsk and Lugansk Regions” (the Law on De-Occupation), all responsibility for the consequences rests with the Russian Federation.

“We hope to increase the number of positive court decisions in favor of affected citizens, because the legal position developed and applied by us in this case, among other things, is fully consistent with the practice of the European Court of Human Rights,” lawyer said.