Damage to property and losses of the enterprise as a result of hostilities (+ template Notification of the commission of criminal offenses in accordance with Article 214 of the Criminal Procedure Code of Ukraine (for property destroyed or destroyed in the Russian Federation)

Not only the citizens of Ukraine suffer from the military aggression of the Russian Federation, business entities also suffer great losses caused by the destruction or damage of their property. In order to prosecute persons guilty of international crimes, both in Ukrainian courts and in the International Criminal Court in The Hague, the first stage should be proper recording of the crime and reporting of such crimes. The Prosecutor General's Office, together with Ukrainian and international partners, has created a corresponding resource , which provides for a convenient online mode of submitting the relevant notification. However, one should not forget about the reports of Ukrainian law enforcement agencies about the commission of war crimes, including those crimes, as a result of which harm was caused to the relevant person.

In this article, we offer an overview of the notification of the commission of criminal offenses, which can be made by a legal entity in order to fix its losses and initiate criminal proceedings.

According to Art. 216 of the Criminal Procedure Code of Ukraine , the pre-trial investigation of this category of cases is assigned to the jurisdiction of investigative security agencies.

Yes, on the basis of part 1 of Art. 214 of the Criminal Procedure Code of Ukraine , an investigator, a prosecutor, immediately, but not later than 24 hours after submitting a statement, notification of a committed criminal offense or after independently discovering from any source circumstances that may indicate the commission of a criminal offense, is obliged to make appropriate information to the Unified register of pre-trial investigations, start the investigation and 24 hours after entering such information provide the applicant with an extract from the Unified register of pre-trial investigations. The investigator who will conduct the pre-trial investigation is determined by the head of the pre-trial investigation body.

The investigator, prosecutor, other official authorized to accept and register statements and reports about criminal offenses are obliged to accept and register such statements or reports. Refusal to accept and register an application or notification of a criminal offense is not allowed ( Part 4 of Article 214 of the Criminal Procedure Code of Ukraine) .

Victims, in accordance with Art. 55 of the Criminal Procedure Code of Ukraine, in criminal proceedings may be a natural person, to whom moral, physical or property damage was caused by a criminal offense, as well as a legal entity, to whom property damage was caused by a criminal offense. The rights and responsibilities of the victim arise in a person from the moment of submitting an application for committing a criminal offense against him or an application for involving him in the proceedings as a victim.

During the pre-trial investigation, the victim has the right, in particular, to the immediate acceptance and registration of a statement about a criminal offense, recognition of him as a victim ( Part 2 of Article 56 of the Criminal Procedure Code of Ukraine ).

On the basis of Art. 215 of the Criminal Procedure Code of Ukraine , pre-trial investigation of crimes is carried out in the form of pre-trial investigation, and criminal misdemeanors - in the form of inquiry in the manner prescribed by this Code.

The practice that has developed at this time shows that law enforcement agencies enter data into the EDDR about the committed crime according to the signs defined in Art. 438 of the Criminal Code of Ukraine - violation of the laws and customs of war.

Regarding the determination of damages, one should be guided by the Procedure for determining the 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, which establishes the procedure for determining the damage and losses caused to Ukraine as a result of the armed aggression of the Russian Federation ( hereinafter - damage and losses), starting from February 19, 2014. The specified order demarcates the definition of damage and losses according to certain directions, in particular, economic losses of enterprises (except for enterprises of the defense-industrial complex), including business associations, - the direction includes losses of enterprises of all forms of ownership due to the destruction and damage of their property, loss of financial assets, as well as lost profit from impossibility or obstacles in the conduct of economic activity.

An appendix to the above-mentioned Procedure is the General principles for assessing damages caused to property and property rights as a result of the armed aggression of the Russian Federation , which are applied during the assessment of damages caused by the loss, destruction and damage of property of state, communal and private forms of ownership during the armed aggression of the Russian Federation due to hostilities, terrorist acts, sabotage, rocket and bomb attacks.

Create a Notification of the commission of criminal offenses in accordance with Art. 214 of the Code of Criminal Procedure of Ukraine (for property destroyed or destroyed by the Russian Federation) in the Instaco constructor at the link . To create, you only need to enter the necessary data in the designer.

Notification of the commission of criminal offenses in accordance with Art. 214 of the Criminal Code of Ukraine (for property destroyed or destroyed by the Russian Federation) was prepared by attorney Natalya Krasnokutska (Instagram @advocate_knn , Facebook instaADVOCATE ) .

The lawyer conducts legal consultations on issues of business support:

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