Financial and legal mechanism for providing compensation to a person for a damaged/destroyed residential property from the war in Ukraine

Abstract

The article examines the current problems of the functioning of the financial and legal mechanism for providing compensation for a destroyed or damaged residential property of a person who suffered from the war. The relevance of the topic is determined by the needs to improve the functioning of the financial and legal mechanism for receiving compensation for a damaged or destroyed residential property as a result of the war in accordance with the state program "eRecovery" as a key element of the compensation mechanism and "eHousing" as a new stage of the implementation of this program. The study found that the financial and legal mechanism is based on the system of state compensation, which is regulated by Law No. 2923-IX and implemented through the "eReconstruction" program for providing compensation for destroyed or damaged residential real estate, and the norms of the budget law of Ukraine. It was analyzed that the financing mechanism for the restoration of housing destroyed or damaged by the war in Ukraine covers legal norms such as financing from the State Budget (Fund for the Elimination of the Consequences of Armed Aggression), damage assessment procedures and the sequence of payments for a destroyed or damaged residential real estate of an individual, as well as funds from international donors and partners. It was found that its structure includes the following key elements: subjects (participants) of the mechanism; objects of compensation; forms and types of compensation; instrumental elements. The focus is on key procedures and legal obstacles, practical aspects of the application of the state program eRecovery, on the procedures for submitting applications, assessing damage and obtaining housing certificates or funds for repairs, problems that arise during the exercise of the right to compensation.

The results of the study can be used to improve current legislation in order to optimize the financial and legal mechanism for providing compensation and removing obstacles to payment for a destroyed or damaged residential property to a person affected by the war.