Attachments
The Legal Aid Working Group of the Protection Cluster, based on the analysis of information provided by its members and collected from open sources, identified the following current legal issues in June 2024.
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Obstacles in receiving compensation through an alternative recovery project (Kherson Oblast). The village of Posad-
Pokrovske in Kherson Oblast participates in the implementation of an experimental project for the recovery and
reconstruction of war-affected settlements coordinated by the Recovery Agency and the Ministry of Infrastructure.
This project planned to restore 120 private residential buildings destroyed because of war. The private houses of
people who agreed to participate in this recovery and reconstruction program were dismantled and new ones were
planned to be built instead. However, the construction is now suspended and its resumption is unclear. Open source
information suggest rising tensions in the community is growing and growing frustration among residents. Those
who agreed to participate are at risk of losing out, as concluding an agreement with the Recovery Agency eliminates
the opportunity to use the "eRecovery" program and receive compensation. -
Confiscation of housing in the occupied territories. The number of inquiries by people from the occupied territories
regarding the possible confiscation of their homes by the occupation authorities has increased. According to relatives
and neighbors who take care of abandoned housing in the occupied territories, they receive letters and observe
announcements in the entrances of the houses stating the requirement for the house owners to return to confirm
the fact of residence and to register the property in the registers of the Russian Federation (RF). In case of non-return,
non-registration of property in the registers of the Russian Federation or non-payment for utility services, the
occupying authorities threaten with confiscation ("nationalization") of private property. The information is confirmed
by the UN Human Rights Monitoring Mission, which reports that the provisions of the "legislation" recently adopted
in the occupied parts of Donetsk, Luhansk and Kherson Oblasts on unused housing may lead to illegal confiscation of
private property. In addition, inquiries are recorded when Russian soldiers occupy empty housing in the occupied
territories without the consent of the owners. The Office of the Human Rights Commissioner of the Verkhovna Rada
of Ukraine provides separate advice on the actions of Ukrainian citizens – homeowners in the occupied territories. -
Payment of rent and tax for war-affected land. Land plots affected by the war and where active hostilities took place are likely contaminated with explosive hazards. For many landowners, land rent is a main source of livelihood. They entered land leases even before the full-scale invasion with agricultural enterprises and farmers who continue using the land, but not paying the rent referring to Force Majeure obstacles, or who may no longer pay rent any longer due to the contamination and security situation where the land is located. Land owners have to appeal through extra-
judicial or judicial procedures to obtain the rent payment. It should also be noted that non-payment of rent for land
does not exempt owners from the obligation to pay land tax. However, in some communities of Donetsk, Kharkiv and
Kherson Oblasts, tax exemptions were decided. -
Arrears for utility payments in the places of origins of IDPs. IDPs are more frequently asking for legal aid to appeal
accrued arrears for utility services provided in places they fled. Utility service providers warn that they will take legal
action to enforce debt collection. At the same time, in accordance with the Law of Ukraine "On Utility Services" (art.7
(6) (1)), the consumer of utility services has the right to non-payment for utility services (except for the supply of
thermal energy) in case of non-use during the period of temporary absence in the residential premises of the
consumer and other persons for more than 30 calendar days, subject to documentary confirmation in accordance