Business compensation
Currently, there is no effective mechanism for holding the aggressor accountable and compensating the victims for damages. However, comprehensive work is underway in Ukraine and abroad to create a mechanism that will ensure the procedure for considering claims for compensation, determining its amount, and paying it.
However, compensation will only be possible if a substantiated complaint is filed. It is necessary to prove the amount of damage caused and Russia's responsibility for such actions. For this, it is important to collect sufficient evidence as soon as possible.
It is possible to effectively collect admissible evidence of the crimes committed and the damage they caused, to establish the amount of such damage and the fact of Russia's responsibility for these actions within the framework of criminal proceedings.
Algorithm of actions for collecting evidence within the framework of criminal proceedings:
Preparation and submission of a statement on the commission of a crime and obtaining the status of a victim by the applicant;
Independent collection of evidence and initiation of relevant investigative actions before law enforcement agencies and courts, since a large amount of evidence can only be obtained with the permission of the court;
Conducting an inventory/expertise of the damage caused, preliminary calculations of the economic component, determination of the types of damage (direct/lost profit/necessary investments to restore operational activities).
Conducting expert examinations (other investigative actions) that will establish that this damage was caused by representatives of Russia (military personnel, mercenaries of military companies, representatives of pseudo-state entities in eastern Ukraine and the Autonomous Republic of Crimea).
For the purpose of further seeking compensation, it is irrelevant whether the specific perpetrators of the crime are identified and brought to justice. It is sufficient to establish that the crime was committed by representatives of the aggressor country.
The materials of the criminal proceedings may be used as evidence in any other proceedings in any foreign jurisdiction or international judicial institution.
Vasyl Kisil & Partners and Baker Tilly offer companies a comprehensive approach to the process of recording losses and collecting evidence.
Vasyl Kisil & Partners lawyers provide full support during the collection of evidence within the framework of criminal proceedings, involve specialists to conduct all necessary examinations. Also, after creating a mechanism for compensation for losses, they can represent the interests of companies in court or arbitration proceedings.
Baker Tilly specialists conduct an inventory of the damage caused, preliminary calculations of the economic component and determination of the types of losses.
For individual consultation, contact our specialists:
Andriy Kalyushenko
Advisory Practice Leader Baker Tilly
andrey.kaliushenko@bakertilly.ua
Nazar Kulchytskyy
Partner Criminal Law Practice Vasyl Kisil & Partners
Kulchytskyy@vkp.ua