IDENTIFICATION OF REAL ESTATE OBJECTS IN WARTIME AND POST-WAR CONDITIONS

Abstract

In the context of martial law, the identification of damaged or destroyed real estate objects is important when performing forensic examinations, the conclusions of which will be used to compensate for damages caused by the armed aggression of the Russian Federation on the territory of Ukraine, during proceedings before the jurisdictional authorities of Ukraine and foreign bodies. Identification of the real estate object allows the expert to confirm that this particular object is indicated as damaged or destroyed in the resolution/ decision/application/letter, etc. Identification of a real estate object is the process of establishing the conformity of the object, which includes the study and comparison of documentary data (title documents, design estimates and/or technical documentation) for the real estate object with the data of visual and instrumental inspection. The main problem faced by experts in identifying real estate objects damaged and destroyed as a result of the armed aggression of the Russian Federation in Ukraine is significant damage to structural elements or even complete destruction of structures, which in turn makes it difficult to identify them based on the results of visual and instrumental inspection. As a result of martial law in Ukraine, in order to use drones to record destruction in a particular territory, it is necessary to obtain prior permission from the territorial office of the Security Service of Ukraine, which extends the time for identification. In addition, due to the introduction of martial law in Ukraine, the public cadastral map is disabled. There are no plans to restore the public cadastral map until the martial law is lifted, which also prolongs the identification process. It should be noted that on the main facades of buildings in most regions of Ukraine, the aggressor has dismantled or destroyed signs with street names and numbers to make it impossible to identify the area. This also makes it impossible for the expert to be guided by the location when inspecting the object(s) of the study. Besides of it, the object of research may be located in a combat zone or in the temporarily occupied territory. The above makes it impossible to inspect the object of research for objective reasons, and therefore to identify it after the fact. The purpose of this article is to address the issues related to the identification of damaged or destroyed real estate objects as a result of the armed aggression of the Russian Federation on the territory of Ukraine in order to make the conclusion more reasonable when considered by the jurisdictional authorities of Ukraine and foreign jurisdictional authorities.