Collecting evidence to determine the extent of damage caused by the armed aggression of the Russian Federation

Since the beginning of the full-scale invasion of Ukraine by the Russian Federation, the state, business and citizens have faced an unprecedented challenge proper documentation and proof of damageThe first and most important step on the way to compensation is the collection of evidence. The collection of evidence was the first and most important step on the way to compensation in both national and international courts.

In this article, we will consider, what types of evidence are legally relevantwho is authorized to record them, and what practical steps need to be taken to determine the extent of the damage caused by Russia's armed aggression.

1. Legal grounds for collecting evidence

The right to compensation for damages is set forth in Article 22 of the Civil Code of Ukraine - a person who has suffered property or moral damage is entitled to full compensation.

In addition, Article 56 of the Constitution of Ukraine guarantees everyone the right to compensation for damage caused by unlawful actions of public authorities or other persons.

International legal norms also recognize the right of Ukraine and its citizens to compensation. In particular, UN General Assembly Resolution ES-11/5 (November 2022) laid the groundwork for the establishment of International compensation mechanismwhich should provide compensation for the damage caused by Russian aggression.

2. Categories of damage to be recorded

For effective evidence collection, it is necessary to identify the types of damage that are subject to compensation. They are divided into three main groups:

1. Material (property) damage - destruction or damage to property (buildings, vehicles, equipment, goods, land plots).

2. Economic damage - loss of profits, suspension of production, non-fulfillment of contracts, and destruction of investment projects.

3. Non-pecuniary (moral) damage - war-related suffering of individuals, as well as reputational losses of businesses.

3. Who has the right to collect and record evidence

In accordance with applicable law, evidence may be collected by:

• by the victims themselves (citizens, entrepreneurs, companies);

• by public authorities (military administrations, State Emergency Service, police, local councils);

• experts or specialized institutions, who assess the damage;

• lawyers or representativesauthorized to represent the interests of the victim.

It is important that all collected materials have probative value in the courts of Ukraine and abroad.

4. Types of evidence of legal significance

📸 Photo and video recording

It is carried out immediately after the event. It should contain date, coordinates, object of damagedetails from different angles.

🧾 Documentary evidence

• title documents (certificates of ownership, lease agreements, inventory certificates);

• accounting documents (balance sheets, invoices, reports, write-off statements);

• certificates of the authorities on the fact of shelling or destruction.

🧑‍⚖️ Acts of inspection and assessment of losses

They are conducted by certified experts or commissions of local self-government bodies. The act states nature of the damage, preliminary amount of damage, photographic documentation, signatures of authorized persons.

🗣️ Eyewitness accounts

The testimony of neighbors, employees, security guards, or local authorities can supplement the evidence base.

🌍 Data from open sources

Satellite images, media publications, and reports of international organizations are also recognized as evidence in international proceedings.

5. Methodology of damage assessment

The assessment is carried out in accordance with Methods for determining the damage and losses caused to Ukraine as a result of the armed aggression of the Russian Federationapproved by CMU Resolution No. 326 of 20.03.2022.

The methodology involves several key stages:

1. Primary fixation - documenting the fact of destruction or damage.

2. Expert examination - determining the technical condition of the facility and the amount of losses.

3. Calculation of losses - determining direct material damage (at market prices) and lost profits.

4. Preparation of the conclusion - an expert report or certificate that can be used in court or a compensation mechanism.

6. Gathering evidence for international trials

Ukrainian companies and individuals can submit the evidence they have collected to the

• International Compensation Register, which is formed under the auspices of the Council of Europe;

• European Court of Human Rights (ECHR) - under Articles 1 of Protocol No. 1 (protection of property) and 8 (right to housing);

• International Criminal Court (ICC) - to record crimes against civilians and property.

It is important that all materials are prepared in accordance with international standards of evidence authentic, reliable, duly certified.

7. Practical tips

1. Start recording damage immediately after the event. Even if you can't call an expert, take a photo and save the coordinates.

2. Do not change the condition of the damaged property before inspection. This is important for the reliability of the expertise.

3. Keep all documents. Even receipts for repairs or appraisals can be used as evidence in a future trial.

4. Contact a lawyer. Professional support will help you properly prepare documents for courts or international bodies.

5. Issue a power of attorney for a representative. If you are physically unable to participate in the procedure yourself, a lawyer can act on your behalf.

8. Conclusion.

Evidence gathering is not just a bureaucratic formalitybut a strategic tool for future recovery. Only a systematic, legally competent approach will allow turning the facts of destruction into real compensationthat Ukraine and its citizens will be able to receive from the aggressor state.

Preparing a proper evidence base today is the key to justice tomorrow.
And it is at this stage that legal professionals play a key role: they help structure, formalize and legalize each piece of evidence so that it can become part of a larger international recovery process in the future.