Russia's military aggression against Ukraine causes huge losses and destruction to the agricultural sector by destroying/damaging farmers' production facilities, movable property, land, crops, reclamation infrastructure, etc. Business entities are forced to relocate and reorient their production facilities and respond to the challenges of conducting a sowing campaign in wartime.

The consequences of Russian aggression and occupation pose long-term challenges to Ukraine's agricultural sector and global food security. After all, even after the liberation of the territories, it is difficult for Ukrainian farmers to return to stable work.

The guidelines for proper recording of crimes and losses incurred by agricultural enterprises were developed and presented by experts of the Ukrainian Agri Council in cooperation with the USAID Agriculture Growing Rural Opportunities Activity in Ukraine (AGRO).

"The farmers who suffered losses are directly responsible for proper documentation of losses. After all, no one knows the specifics of the enterprise better than the owners and will be able to collect the necessary evidence to compensate for losses, including lost profits. At the same time, different government agencies have their own area of responsibility in this process and most of them will have to be interacted with on various issues. It is important to keep in mind that the developed methodology for fixing losses is advisory in nature and is not a regulatory document. Each situation is individual and may require various additional actions," emphasized Dmytro Kokhan, the UAC Advisor on Government Relations.

We have developed guidelines for recording the following types of damage: buildings, equipment, and inventory. You can find the necessary guidelines and sample documents for recording losses at this link.

Representatives of the agricultural sector need to collect all the information that will confirm the fact of damage, as well as actual losses and lost profits.

The process of collecting relevant evidence can be divided into three stages:

  1. Evidence of damage to business facilities/property. At this stage, it is important to take care of recording the crime as a criminal offense, with accompanying photo and video evidence, witness statements, inspection of the scene, etc.
  2. Evidence of actual losses. This stage requires farmers to collect documents confirming all their expenses during the construction of the facility, sowing, purchase of destroyed equipment, etc. Efforts should also be made to find/restore documents certifying the ownership/use of certain facilities.
  3. Evidence of lost profits. At this stage, it is necessary to collect documents confirming the lost income for farmers (e.g., futures and other contracts for the sale of products; data on non-fulfillment of other contractual obligations that provided for income due to aggression; documents confirming income for previous years, etc.).

Interactive map of the Ukrainian agricultural sector destructions

The Ukrainian Agri Council, with the support of the USAID Agricultural Growing Rural Opportunities Activity in Ukraine (AGRO), has created an Interactive map of the Ukrainian agricultural sector destructions to highlight the real losses of the Ukrainian agricultural sector and to help agricultural producers document war crimes committed against their enterprises https://www.agrirecovery.com.ua.

We urge farmers to leave information about the damage on the developed map, as this will provide information about damage and destruction of property to the authorized bodies to exercise their powers.

Why do we need to record crimes against agricultural producers?

The main reason why it is important for farmers to record losses is to have a set of ready-made documents that will be the basis for receiving compensation in the future.

It is expected that compensation will be paid both through appeals to international bodies and through the use of internal programs and procedures. Therefore, it is important for farmers to collect the necessary evidence in a timely manner and be prepared to go through the compensation procedure in the future, when the relevant procedures will be developed by all responsible authorities.

Free consultations for affected agricultural producers

The UAC experts provide telephone consultations to agricultural enterprises affected by the hostilities. Regional managers and lawyers of the union will explain the application of the methodology for documenting damages and the specifics of document preparation. Also, if necessary, legal advice on other issues related to the resumption of agricultural activities in the de-occupied regions is available to enterprises.

If you have additional questions or need assistance in documenting losses, please call the free consultation line +38 067 503 19 08

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The activity made possible through support provided by the U. S. Agency for International Development (USAID) through the USAID’s Agriculture Growing Rural Opportunities Activity (AGRO) implemented by Chemonics International. The opinions expressed herein do not necessarily reflect the official views of USAID or the U.S. Government.

Monday, 4 December 2023

 

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