Compensation for Destroyed Housing: Interaction between “eRecovery”, Judicial Protection, and Insurance Mechanisms

Authors

  • Oleh Predmestnikov Doctor of Law, Professor, Honored Lawyer of Ukraine, Head of the Department of Law, Bogdan Khmelnitsky Melitopol State Pedagogical University, Zaporizhia, Ukraine https://orcid.org/0000-0001-8196-647X
  • Serhii Leshchenko Lecturer in Legal Disciplines at the Department of General Education Disciplines, Department of General Education, Yahotyn Institute of the Private Joint-stock Company "Higher Education Institution Interregional Academy of Personnel Management", Yahotyn, Ukraine https://orcid.org/0009-0001-5194-8286
  • Vasyl Kovtash Lawyer, Managing law firm «lawyers' office Vasyl Kovtash», Ukraine https://orcid.org/0009-0003-5446-3449

DOI:

https://doi.org/10.5281/zenodo.17802169

Keywords:

“eRecovery”, compensation mechanism, legal status of property owner, administrative procedure, judicial jurisdiction, compensation law, protection of property rights.

Abstract

The purpose of the article is to conduct a comprehensive study of the legal and regulatory framework governing compensation for damaged and destroyed residential property in Ukraine under martial law and during post-conflict recovery. The research aims to identify systemic interconnections and functional synergies between the digital tools of the “eRecovery” platform, administrative and judicial procedures, and insurance mechanisms, which collectively form a triadic model of compensatory justice. The study seeks to explicate the legal nature of each of these elements, define their role in ensuring citizens’ constitutional right to housing and compensation for losses, and analyze the mechanisms of their institutional integration into a unified system of housing rights restitution. Special attention is paid to issues of procedural fairness, transparency of administrative decisions, judicial oversight of the legality of compensation procedures, and the prospects for introducing public–private insurance models as a financial guarantee for the sustainability of the recovery process. A comprehensive methodological approach is employed, including analysis of legal acts, administrative court practice, doctrinal sources, and empirical data on the implementation of “eRecovery”. Methods of comparative law, systemic analysis, and synthesis are used to assess the interaction of mechanisms. The study explores the evolution of the compensation system between 2022 and 2025, focusing on digitalization, jurisdictional control, and financial coverage. It is established that the compensation system has evolved into a threefold model: “eRecovery” ensures digital accessibility and transparency; judicial protection guarantees the right to appeal commission decisions through the application of the Civil Code of Ukraine; and insurance introduces a public–private co-financing mechanism. The integration of “eRecovery”, judicial protection, and insurance instruments creates a coherent legal cycle that ensures effective compensation for damages, compliance with international standards, and systemic resilience. The study recommends improving coordination algorithms, strengthening the accountability of public authorities, and expanding insurance coverage to support full-scale reconstruction of the housing sector.

Published

2025-11-30

How to Cite

Predmestnikov, O., Leshchenko, S., & Kovtash, V. (2025). Compensation for Destroyed Housing: Interaction between “eRecovery”, Judicial Protection, and Insurance Mechanisms. Ukrainian Political and Legal Discourse, (17). https://doi.org/10.5281/zenodo.17802169

Issue

Section

Administrative law and process