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The Right to Compensation Must Be Proven: Why Ukraine’s Postwar Reparation Depends on Lawyers

16 October 2026 at 15:37

For more than four years, Ukraine has been living through a war that destroys homes, businesses, and infrastructure. People need compensation for the damage and regularly file claims with the authorities. This raises a question: how can citizens exercise their right to compensation, and who can act as the go-between connecting Ukrainians with national and international bodies?

The fifth Rapid Damage and Needs Assessment put direct war damage at $195.1 billion (€173.4 billion) as of the end of 2025. Recovery and reconstruction needs over the next ten years are estimated at $587.7 billion (€522.3 billion), almost three times Ukraine’s nominal GDP for 2025.

Compensation goes to those whose damage has been documented, properly filed, and accepted by an international mechanism. One person working on this problem is Andriy Yermak, Chair of the UNBA Committee for the Protection of Victims of Armed Aggression against Ukraine, Compensation Mechanisms and European Integration Legal Support for Recovery. He is also the initiator of “Advokat+”, a nationwide legal support initiative for Ukrainian service members and their families. His position rests on a simple premise: an unproven right doesn’t pay, and proving it takes lawyers.

Compensation starts with documents

Individuals and companies follow roughly the same process. The claimant must attach proof of ownership and confirmation of value, gather photo and video evidence of the damage, and prove that the military aggression specifically caused it. The required documents depend on the claim category, and, as Andriy Yermak points out from his professional experience, this is where people most often make mistakes. In such matters, a lawyer’s help is often more than necessary.

Businesses face the same questions on a larger scale. Kyiv’s first McDonald’s, opened in 1997, has been damaged by Russian strikes, and the Coca-Cola plant near Kyiv, in operation since 1998, was recently hit by a Russian drone. A company in this position must decide what was lost, how to prove it, and which mechanism to use: the international register, a national program, or a court.

Which mechanisms exist and which are being developed

The international and national Ukrainian compensation system has several components.

The Register of Damage for Ukraine (RD4U). It has accepted claims since April 2024 and operates under the Council of Europe, headquartered in The Hague. As of 30 September 2026, all 43 claim categories are open: 21 for individuals, 11 for legal entities and 11 for the State of Ukraine. By early September, the register had received almost 190,000 claims: about 58,000 were recorded, while the rest were under review. Claims can be submitted through the Diia portal. Yermak stresses that the register records damage but does not pay compensation.

The International Claims Commission. About 40 states and the EU signed the convention establishing it in The Hague in December 2025, and ten have ratified it. Twenty-five ratifications are needed for the commission to begin work. The Verkhovna Rada ratified the convention on 30 April 2026. The commission will review the claims from the register on their merits and determine the amount of compensation in each case.

National programs. Individuals have eRecovery (єВідновлення), which covers owners of homes damaged or destroyed in hostilities after 24 February 2022. Owners of damaged homes get money for repairs, minor or major. Owners of destroyed homes get a housing certificate to buy a new one. Applications go through Diia, an administrative services centre, or a notary, and a commission decides within 30 calendar days. As of 10 October 2026, 273,169 families had received UAH 160.9 billion in total, according to the Ministry for Communities and Territories Development.

Businesses have had a war risk insurance program since 1 January 2026. It rests on Government Resolution No. 1541 and is run by the Export Credit Agency (ECA), whose mandate has already been expanded to cover insurance for domestic investments against war risks. Enterprises in high-risk regions can receive direct compensation for destroyed or damaged assets, such as buildings and equipment, up to UAH 10 million at launch. Businesses that buy war risk policies in Ukraine get part of their premiums back, up to UAH 1 million a year. Only property already enrolled in the program on the date of damage qualifies.

The courts. The Supreme Court has established a practice that allows Ukrainian courts to hear individual claims against Russia for damage caused by armed aggression, without applying state immunity. However, enforcing such judgments is difficult, so victims often turn to state and international mechanisms.

What the system lacks

Yermak says:

“We need lawyers who can work across several levels of law at once: Ukrainian legislation, European regulation and international procedures. And this is where we run into the reform of the legal profession. Under the Rule of Law Roadmap, the Law on the Bar and Legal Practice must be adopted by the end of 2026. How it is written will determine whether the profession gets the independence, legal privilege, and training standards it needs to do this work. At the same time, in a government working group of 27 people, the UNBA holds only one seat.”

Independence plays an important role here: in compensation cases, individuals or companies face official bodies. The lawyer’s role is to challenge a decision without fearing for their own position. In Yermak’s view, this requires upholding legal privilege and adherence to credible professional standards.

The register contains around 190,000 claims, each with supporting documents. Andriy Yermak notes that at this scale, legal practice can be transformed by modern technology. AI, which is now spreading into almost every area of life, can reshape legal analysis and the review of large volumes of data. Today’s lawyers are expected to work properly with data summaries, protect their clients’ confidential information, and keep professional judgment in their own hands. Looking ahead, Yermak believes this raises questions about training the next generation of lawyers: for them, professional standards will cover this practice in both compensation cases and other areas of legal work.

The experience of “Advokat+”

The “Advokat+” initiative, created by Yermak, shows that the profession can scale up quickly. Ukrainian attorneys, often pro bono, help service members and their families with procedures, applications, and complaints. Yermak is convinced that if the profession could organize mass assistance for service members, it can do the same for those affected by destruction. All it needs is training and clear rules.

In the lawyer’s view, several steps are worth taking in this direction:

  1. Create training programs for lawyers on working with international compensation mechanisms, including filing claims with the register and working with the future commission.
  2. Develop standards for handling evidence: how to document damage, store materials, and prepare a document package that meets international bodies’ requirements.
  3. Ensure the UNBA participates in drafting the bar law so the profession’s institutional experience is reflected in the final text.
  4. Enshrine legal privilege and the lawyer’s independence in law. A claimant gives a lawyer information about their property, income, and the circumstances of the loss. Without a guarantee of confidentiality, this kind of trusting work is impossible.

The result would be a system in which the scale of damage has been measured, the register accepts claims, and the commission is created. But between an entry in the register and an actual payout lies a path every claimant must walk. Without a trained, independent, and protected profession, the right to compensation will remain formal.

Are EU air passenger rights heading forward – or backward?

29 January 2026 at 13:39

The European Union is the only area in the world where passengers are protected by a full set of rights – whether they travel by air, rail, ship, or bus and coach.

For air travel, the current EU regulation sets out passengers’ rights when flights are cancelled, significantly delayed, or boarding is denied. In the case of delays, compensation applies once the delay reaches three hours, provided it is not caused by “extraordinary circumstances” beyond the airline’s control – such as severe weather or air traffic restrictions. 

Yet the current regulation dates back to 2004, and much has changed since then – from inflation and the Covid-19 pandemic to a massive rise in air travel. In response, the European Commission proposed a revision in 2013, but disagreements among member states stalled the process until 2025.

In June 2025, EU ministers finally reached a political agreement, and negotiations with the European Parliament resumed in October. However, deep divisions remain over key issues. While the Council’s proposal is seen as less passenger-friendly, the Parliament is pushing for stronger protections.

To that end, MEPs have set a series of red lines, including a pre-filled claim form sent no later than 48 hours after the scheduled departure and the right to carry a hand luggage item without extra charge. But the most controversial issue is the Council’s proposal to raise the compensation threshold from three to four hours for intra-EU flights, and to six hours for long-haul journeys.

On 21 January, the Parliament adopted its second-reading position in plenary, with 97 percent of MEPs voting in favour of its red lines. The ball is now in the Council’s court, which has up to four months to update its mandate in response.

Over the coming months, it will become clear which side prevails – passengers or airlines.

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