The topic of this article, made in the title, is really relevant today. Unfortunately, industrial facilities also suffer (or may suffer) damage – or even destruction – as a result of russian aggression. The state has said it will compensate businesses for the war’s losses. The mechanism of such compensations is difficult, troublesome, and involves many important nuances. Practice lawyer Maksym Mazur told about them.<\/p>\n
Relevant Government Resolution \u2116326<\/strong> has been adopted, which obliges ministries and local authorities responsible for compensating affected businesses to develop methods for calculating losses (lost, destroyed, damaged property) to enterprises \/ companies of all forms of ownership.<\/p>\n But without waiting for the methods provided by the government decree to be developed and worked, Maxim Mazur and his colleagues from the law firm “Artius”, given the pre-war experience of such issues and taking into account new government regulations in this matter, offer their own algorithm already today to perform companies whose business, in particular production facilities, destroyed or suffered other losses and which are counting on their state compensation.<\/p>\n Therefore, if the destruction or damage to your company was caused by a shell or bomb, ie destroyed by an explosion, you should first apply to the local units of the Ministry of Emergencies to issue a certificate stating that such damage was actually caused by enemy fire<\/strong>\u00a0a shell or a bomb<\/strong> (regardless of whether there was fighting directly in your area), not because the destruction was due to, say, a fire as a result of your negligence.<\/p>\n If there is physical damage to property, the next step is to call the police to record what happened as a crime.<\/strong> If such information is entered into the Unified Register of Pre-trial Investigations, you will be issued an excerpt stating the circumstances of the crime.<\/p>\n And now about what you have to record directly. Make photo and video recording of existing destruction.<\/strong> If possible, it is desirable to involve experts from the Chamber of Commerce, who will make such a fixation more professionally, in compliance with all the necessary requirements. If you still have to perform such a visual fixation, you should pay attention to a number of important points. Photo or video footage should not include military or terrorist fighters, any military facilities or equipment. The person who will perform the video recording must tell the camera who he is, indicate the date and time of the recording, the place (address) of the recording, the name of the object. It is better to make video on cameras with removable digital media (memory cards). It is also necessary to specify which camera is used for shooting, which digital media is in it (their serial numbers). That is, it is necessary to act as investigators act at the crime scene, recording its details. If you use a mobile phone for shooting, you must also specify its model, serial number, memory capacity. Needless to say, visual fixation should be of the highest quality.<\/p>\n If surveillance cameras were installed around the perimeter of the destroyed (damaged) object, copies of video of them should be attached to the survey materials<\/strong>, if it is in the video register and if they recorded the moment of destruction of the object. The written consent of the owner of the video surveillance equipment is required to provide the copies you need. Again, you need to document where the DVR is located (in which building, at which address, how it is located in relation to the destroyed object, etc.).<\/p>\n Maxim Mazur also noted that there are companies or organizations that take pictures from satellites<\/strong>. Upon request, they can provide you with information for a certain period of time – in which the approximate destruction of your objects occurred. But you need to order pictures in advance to see what your object was like before the devastating strike. If you find reports or other videos on the Internet that show your destroyed object, also include: made by third parties, such video testimonies will be even more important.<\/p>\n If you witnessed the projectile hit your object, their testimony should be properly documented.<\/strong> This can be done correctly by the investigator if the crime is in the ERDR database, or it can be done with the help of a lawyer. It is clear that the testimony must be voluntary, which witnesses will confirm in writing. By the way, both Maksym Mazur and his colleagues can provide such legal services. However, one of your employees may also record eyewitness accounts of the destruction of your company’s facilities. Witnesses also provide written confirmation of their voluntariness and confirm that they are aware of the responsibility for false testimony.<\/p>\n The material for calculating the material damage caused to your company must also include those photos or videos that would prove the condition of the property (destroyed \/ damaged objects) before the moment of destruction or damage. As well as the technical certificate of destroyed buildings, if any, and project documentation, estimates, which indicate their cost. The list and technical passports for equipment (machines, tools, aids) that were in the destroyed buildings, documents on their purchase will not be superfluous.<\/p>\n It will also be useful to include in the evidence of damages your contractual obligations to supply your products to contractors<\/strong> to show that the company was unable to meet the damage to your production facilities as a result of the war and suffered financial losses. That is, in addition to the lost materials intended for the manufacture of products under contracts, your lost benefit is obvious: you did not receive the funds (profits) that you should have received if the company could work. It is important to pay attention to how force majeure circumstances are specified in agreements with clients. It is necessary to add the maximum of available accounting documents (consignment notes, expense invoices) stating that you may owe someone some money, but did not have time to calculate whether you owe it; whether you were not able to deliver the already paid goods to the customers, whether you did not have time to deliver the materials or services paid for by you, etc. Simplify the analysis of losses could be your expected risks in case of war, if you had such plans.<\/p>\n It is not superfluous to declare the damage caused to your company on all those Internet portals<\/strong> that record Russian war crimes, so that your company is included in the general list of business entities that claim compensation.<\/p>\n To sum up, the more evidence you can provide, the better your chances of not only getting reimbursed, but of the maximum amount.<\/strong><\/p>\n Maksym Mazur stressed that copies of all evidence must be added to the application for compensation for war damage, but the originals must be kept.<\/p>\n It should also be noted that before taking evidence at destroyed facilities (production facilities, warehouses, offices), it is necessary to contact the local military administrations to find out whether it is safe to do so.<\/p>\n * * *<\/p>\n Maksym Mazur’s phone number (067 380 87 78) indicates that if someone wants to use his legal services, including in the case discussed in this article.<\/em><\/p>\n\n\t\t