Dear lawyers! We would like to inform you that on Friday, September 30, 2022 , from 11:00 a.m. to 1:00 p.m., a webinar will be held on the topic: " Damage caused to the land fund as a result of the war ."
Registration for the webinar will take place through the Accreditation Center of the Higher School of Advocacy https://cpd.hsa.org.ua/
The speaker will be Savchak Viktoriya Vladyslavivna (pictured) , candidate of legal sciences, associate professor, deputy head of the Main Department of the State Geocadastre in Kyiv.
Based on the results of the webinar, participants will receive 2 points.
Among the main issues that will be addressed during the webinar will be the following:
The invasion of the Russian Federation on the territory of Ukraine led to devastating consequences, among other things, for land resources. In particular, the vast majority of regions of Ukraine (parts thereof) where hostilities are taking place, or which are under occupation/encirclement, are regions with the highest indicators of the amount of agricultural land, where land plots of the largest agricultural enterprises are located.
Today, these territories are either actually occupied by the aggressor, or are in the zone of active hostilities, as a result of which they are subject to pollution and clogging, or have already suffered such consequences, or are generally unsuitable for use.
Homestead plots of land and any individual territories of settlements that have been destroyed to one degree or another should not be overlooked. After all, each contact of explosive devices with the ground has corresponding consequences, which lead to changes in the relief structure, ecological condition of soils and parent rocks, and in the hydrological regime.
The procedure for determining damage and losses caused to Ukraine as a result of the armed aggression of the Russian Federation, approved by Resolution No. 326 of the Cabinet of Ministers of Ukraine dated March 20, 2022, declares that the determination of damage and losses is also carried out in the direction of land fund losses (includes land fund losses, as well as associated with them lost profit).
The main indicators that are evaluated are:
⦁ actual costs for the reclamation of lands that were disturbed as a result of hostilities, construction, arrangement and maintenance of engineering and technical and fortification structures, fences, border signs, border crossings, communications for the arrangement of the state border;
⦁ damages caused to owners (land users) of agricultural land plots;
⦁ costs for restoration of reclamation areas;
⦁ demining costs.
During the webinar, it will be clarified what other legal norms can be used to prove the extent of the damage caused by the Russian Federation to the Ukrainian people.
At the same time, the conditions for the emergence of the right to compensation for damages under such circumstances will be a combination of the following factors:
⦁ the location of the land plot in the territory where hostilities are taking place, or which (territory) is under occupation/surrounding;
⦁ presence of negative material consequences for the owner/user of such land;
⦁ cause-and-effect relationship between the location of the land plot and negative consequences.
In addition, it is important to remember that land damage is special. They are not limited to the amount of real losses, they are always dominated by lost profit, which is ten times greater than real losses.
The webinar is devoted to consideration of all the problematic issues indicated above.