Сhanges significantly expand the range of eligible claimants and create new opportunities for businesses to seek compensation for damage caused by russia’s aggression.
May 2026
On 29 April 2026, the Register of Damages for Ukraine (the “RD4U”) announced the start of registration of claims for damage caused to legal entities and the State of Ukraine as a result of russia’s armed aggression against Ukraine.
These changes significantly expand the range of eligible claimants and create new opportunities for businesses to seek compensation for damage caused by russia’s aggression.
Legal entities and the State of Ukraine may now submit claims for damage caused by:
Damage or destruction of critical and non-critical infrastructure (B1.1, B1.2, C1.1, C1.2);
Damage, destruction or loss of assets (C3.1).
Claims may be submitted not only in respect of tangible assets (movable or immovable property), but also in respect of intangible assets (including contractual rights and intellectual property rights) which generates or is expected to generate economic benefits for its owner(s).
In certain cases, categories of claims may partially overlap. For example, claims for damage caused by the damage or destruction of infrastructure may be submitted by legal entities in either categories C1.1, C1.2 or C3.1. Claims for loss of profit or other costs incurred as a result of such damage or destruction shall in all cases be submitted in category C3.1.
A claimant may assert losses under more than one category; however, a separate claim must be filed for each category. Information contained in previously submitted claims regarding related damage may be incorporated by reference for the purposes of a new claim. The decision as to which categories submit a claim should be made on a case-by-case basis following a thorough legal analysis.
Important
A new category “Damage, destruction or loss of assets” also covers claims related to damage, destruction, or loss of assets located on temporarily occupied territory. However, if no damage has been sustained but a legal entity was unable (or substantially unable) to access, use, transfer, or sell an asset without dependence on russia or structures under its control, such losses must be claimed under category C3.2 Loss of control over property on temporarily occupied territories, which has not yet been opened.
Who May Submit a Claim?
Claims in respect of damage to critical or non-critical infrastructure or assets may be submitted by owners, as well as by legal entities holding the right of economic management, the right of operational management, or a right of usufruct over the relevant infrastructure or asset.
Important
The commencement of bankruptcy proceedings in respect of a legal entity does not preclude its representative from submitting a claim to the RD4U.
Eligibility requirements for submitting a claim:
The legal entity is the owner of the infrastructure / asset, or holds the right of economic management, the right of operational management, or a right of usufruct in respect of the relevant infrastructure/asset;
The infrastructure / asset is located or operates on the territory of Ukraine within its internationally recognised borders, including its territorial waters;
The infrastructure / asset was damaged or destroyed on or after 24 February 2022 as a result of russia’s unlawful acts in or against Ukraine.
What May Be Claimed?
Claims in respect of damage to critical or non-critical infrastructure may only be submitted for the value of the destroyed property or the cost of repair or restoration of the damaged infrastructure or its functions.
By contrast, the range of recoverable losses for damage, destruction, or loss of assets is considerably broader. In addition to the value of the damaged, destroyed, or lost asset, legal entities may also claim:
Loss of profit arising from the damage, destruction, or loss of assets;
Total loss of business, where such loss is a consequence of the damage, destruction, or loss of assets;
Any other direct costs incurred as a result of the damage, destruction, or loss of assets.
Where an asset has been damaged and subsequently repaired, the costs of repair are also recoverable, provided that supporting evidence is submitted.
Receipt of any financial or other assistance (from the State, international donors, or civil society organisations) does not preclude the right to submit a claim.
The claims procedure and detailed information on the Rules and Claim Forms for submitting claims to RD4U have been analysed by our experts in the publication New Rules and Claim Forms Approved for Registering Damage Caused by Russian Aggression Against Ukraine.
Background
The RD4U is the first element of the international compensation mechanism established under the auspices of the Council of Europe. The RD4U was created by the Resolution of the Committee of Ministers of the Council of Europe of 12 May 2023 for the purpose of recording evidence and claims submitted by victims of russia’s internationally wrongful acts in or against Ukraine.
The RD4U does not exercise any dispute resolution functions in respect of submitted claims. Its mandate is limited to receiving and processing claim information and supporting evidence, categorising, classifying and organising such claims, assessing their eligibility for inclusion in the RD4U, and recording claims admissible for further consideration and determination by the Commission.
The second component is the International Claims Commission for Ukraine, which is being established as an independent body within the Council of Europe and will directly adjudicate claims submitted by legal entities and individuals.
On 16 December 2025, at a diplomatic conference in The Hague, thirty-four States and the European Union signed the Convention on the Establishment of the International Claims Commission for Ukraine.
On 30 April 2026, the Verkhovna Rada of Ukraine ratified the Convention on the Establishment of the International Compensation Commission for Ukraine, becoming the third State to ratify it, after Latvia and Estonia.
The Convention enters into force three months after ratification by at least twenty-five signatories, provided that the combined contribution of such States to the 2025 budget of the RD4U amounts to no less than 50%.
The third component is the Compensation Fund, from which payments will be made pursuant to decisions of the International Claims Commission for Ukraine.
