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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 21, 2023 No. 858

About introduction of amendments to some resolutions of the Cabinet of Ministers of Ukraine concerning regulation of the relations connected with provision of compensation for the real estate units damaged as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Bring in resolutions of the Cabinet of Ministers of Ukraine concerning regulation of the relations connected with provision of compensation for the real estate units damaged as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine, the enclosed changes.

2. Determine that provision of the Procedure for provision of compensation for recovery of separate categories of the real estate units damaged as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation with use of the electronic public service "Recovery", the Cabinet of Ministers of Ukraine approved by the resolution of April 21, 2023 No. 381 (The Official Bulletin of Ukraine, 2023, No. 47, Art. 2546), regarding provision of compensation for the performed repair work on the damaged real estate units become effective after entering into the Law of Ukraine "About compensation for damage and destruction of separate categories of real estate units as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine and the State register of the property damaged and destroyed as a result of fighting the acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine" changes concerning possibility of provision of compensation for the performed repair work on the damaged real estate units.

3. This resolution becomes effective since September 15, 2023, except the subitem 15 of Item 3 and item 4 of the changes approved by this resolution which become effective from the date of publication of this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 21, 2023 No. 858

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine concerning regulation of the relations connected with provision of compensation for the real estate units damaged as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine

1. The paragraph the ninth Item 8-1 of the Procedure for accomplishment of the urgent works on mitigation of consequences of the armed aggression of the Russian Federation connected with damage of buildings and constructions, the Cabinet of Ministers of Ukraine approved by the resolution of April 19, 2022 No. 473 (Official Bulletin of Ukraine, 2022, No. 37, Art. 1981, No. 52, Art. 2975), to replace with paragraphs of the following content:

"conclusions about need of carrying out technical inspection according to Item 9 of this Procedure or information on destruction/destruction of object (in case of its unfitness for use on purpose and total loss of the economic value by it).

In case of creation of the act of commission inspection for group of the damaged objects information provided by such act is specified for each object separately.".

With respect thereto the tenth - the fourteenth to consider paragraphs respectively paragraphs the eleventh - the fifteenth.

2. The subitem 5 of Item 3 of the Procedure for use of fund of mitigation of consequences of the armed aggression approved by the resolution of the Cabinet of Ministers of Ukraine of February 10, 2023 No. 118 (The Official Bulletin of Ukraine, 2023, No. 22, the Art. 1207, No. 41, the Art. 2237), after words Russian Federation to add with words and figures "(except the direction provided by the subitem 7 of Item 2 presents of the Procedure)".

3. According to the procedure of provision of compensation for recovery of separate categories of the real estate units damaged as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation with use of the electronic public service "Recovery", No. 381 approved by the resolution of the Cabinet of Ministers of Ukraine of April 21, 2023 (The Official Bulletin of Ukraine, 2023, No. 47, the Art. 2546, No. 57, the Art. 3192):

The paragraph the fifth Item 2 after the words "are not damaged" to add 1) with words "or in case such places public were damaged, but further were repaired";

Item 3 to add 2) with paragraphs of the following content:

"In case when owner of the real estate unit is incapacitated / the capable person or person which did not reach 18-year age is limited, receiver of compensation is one of his legal representatives.

In case when incapacitated / is limited the capable person or person which did not reach 18-year age is co-owner of the real estate unit, receiver of compensation is one of capable co-owners (in the presence) who reached 18-year age. The consent of the co-owner of the real estate unit who is incapacitated / is limited by the capable person or person which did not reach 18-year age, on receipt of compensation one of legal representatives of such person provides.

Filing of application in the cases provided by paragraphs second and third this Item is performed only in paper form according to the procedure, stipulated in Item 13-1 this Procedure.";

Item 5 to add 3) with paragraphs of the following content:

"In case when the damaged real estate unit is in common property, availability of the priority right to compensation and lack of restrictions, the stipulated in Item 4 presents of the Procedure, is determined concerning the co-owner who submitted the application.

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