In Ukraine, there is a statutory right to compensation for damage caused by state or local government bodies. Compensation may be awarded for material or non-material losses. Payments are made from public funds (the local or national budget).
Compensation for damage in various cases
Everyone has the right to compensation for damage caused by public authorities. Compensation may be awarded in the following cases:
- unlawful decisions, actions or omissions by state authorities;
- unlawful decisions, actions or omissions by an official or public servant;
- the adoption by a public authority of an unlawful regulatory act that has been repealed.
How is compensation for damage awarded?
Damages may be resolved in the following ways:
- out of court through the adoption of individual acts;
- in court with evidence of the damage caused.
Procedure for compensation for damages
Compensation for damages caused by public authorities is possible in two cases:
- out of court – the public authority resolves the matter independently and pays the damages;
- through the courts – the case is heard by an administrative court.
The following documents are required for compensation through the courts:
- statement of claim;
- a copy of the unlawful regulatory act;
- response letters from the authorities;
- other evidence.
When is a lawyer needed in criminal cases?
Sometimes you simply cannot do without a lawyer’s help, because it is they who:
- know all the nuances of the law to formulate a strategy;
- can quickly prepare evidence;
- will ensure representation in court;
- will avoid potential legal errors.
Criminal defence solicitors from Svarog
It is essential to seek the assistance of a criminal defence lawyer immediately after a legal incident occurs. This will help avoid various problems. Our lawyers offer the following types of assistance:
- defence in criminal proceedings;
- assessment of actual damages;
- preparation of a claim and submission to the court;
- collection of evidence regarding moral and material damage;
- full legal representation.
To obtain answers to important legal questions, you should seek advice from a criminal lawyer. They will help you develop a strategy to resolve the issue at hand.
Frequently Asked Questions
How do I claim compensation for damages from the authorities?
To claim damages, it is important to take the following steps:
- gather evidence that damage has occurred;
- assess the losses (carried out by experts);
- file a claim with the court;
- pay the court fees.
When can damages be claimed from the state?
Compensation for damages may be claimed from the state in the following cases:
- unlawful actions by public officials;
- unlawful actions by state bodies;
- destruction of property due to military action.
What evidence is required to claim compensation for damages?
The evidence required to claim compensation will depend on the category of damage. For material damage, you must have:
- documents establishing title to the property;
- damage reports or video footage;
- an expert’s assessment of the loss and receipts for expenses.
To claim compensation for non-material damage, you will need:
- medical certificates from specialists;
- receipts for treatment-related expenses;
- certificates of incapacity for work;
- witness statements.
Can you claim compensation for non-pecuniary damage resulting from unlawful actions by the authorities?
Yes, Ukrainian law allows for compensation for non-pecuniary damage resulting from unlawful actions by the authorities. To do so, the following conditions must be met:
- provide evidence of emotional distress;
- obtain a court ruling on the actions of the authorities that caused the distress;
- prove the fault of the authority.
How do I file a claim for damages?
To draft the claim correctly, you must provide all the following details:
- the name of the court;
- a description of the damage;
- evidence of liability;
- claims for compensation;
- necessary documents.
You must then pay the court fee and submit the documents to the court.
How much does a solicitor cost in cases against public authorities?
A solicitor’s legal fees are calculated on a case-by-case basis, as every case is unique. It all depends on:
- the complexity of the case;
- the duration of the defence;
- the need to appear in court;
- the number of documents gathered.