The dissertation provides a comprehensive analysis of the theoretical, legislative and practical foundations of administrative and legal regulation of compensation for property damage suffered by citizens as a result of armed aggression. The work identifies the legal nature of this type of damage and substantiates its distinction from related legal categories such as “losses,” “lost profits,” “compensation,” and “reparation.” It is argued that in the context of war, the institution of compensation acquires features of a public law mechanism based on the principles of solidarity responsibility of the state and international actors, aimed at restoring violated property rights and public trust.
The author develops and justifies the classification of fundamental principles governing administrative and legal regulation in the field of compensation for warrelated damage. The research formulates an original model of the structural components and functional elements of the administrative mechanism of regulation, including legal acts, authorized public authorities, legally relevant facts, administrative procedures, digital tools and enforcement mechanisms. Particular attention is paid to the systematic analysis of the current legal framework, including the Constitution of Ukraine, the Law of Ukraine "On Compensation for Damage or Destruction of Certain Categories of Real Estate Objects as a Result of Combat Operations, Terrorist Acts, Sabotage Caused by the Armed Aggression of the Russian Federation Against Ukraine" No. 2923-IX of March 23, 2023, and relevant acts of the Cabinet of Ministers of Ukraine.
On the basis of the identified shortcomings and gaps in the legislation, proposals are developed to amend and supplement current legal acts. These include the extension of compensation rights to non-citizens who legally owned destroyed property, elimination of discriminatory restrictions for heirs, introduction of the presumption of good-faith ownership in the absence of documentation, unification of procedures for coowners, and the legal introduction of housing certificates as a compensation instrument. The necessity of adopting a comprehensive secondary normative act titled “Unified Procedure for Compensation for Damage Caused to the Property of Individuals as a Result of Armed Aggression” is substantiated, aimed at systematizing the fragmented regulatory base and ensuring consistency and clarity in law enforcement practice.
The study also examines the status, functions and procedural activity of the public administration entities involved in the compensation process, particularly the Commissions for the Consideration of Compensation Issues. The dissertation justifies the need for reform of these Commissions, including delegating decision-making authority, integration into interdepartmental information systems, creation of a public register of experts, and introduction of mechanisms for detecting conflicts of interest. The procedural stage of administrative appeal is analyzed as a critical element of legal certainty and protection of citizens' rights. It is proposed to amend Resolution No. 516 of the Cabinet of Ministers of Ukraine dated May 19, 2023, and Resolution No. 600 dated May 30, 2023, to specify timeframes, forms, criteria, and mechanisms for reevaluation and digital registration of complaints and decisions.
The dissertation also analyzes the stages of the administrative procedure in detail, identifying the sequence from the initiation of proceedings to the enforcement of the decision, and formulates recommendations for improving each stage through standardization, digitalization, and regulatory clarity. These proposals are aimed at strengthening the institutional capacity of public authorities, improving the effectiveness of compensation mechanisms, and ensuring the rule of law, transparency, and trust in the post-conflict recovery period.
