DETERMINING THE MARKET VALUE OF COMPLETELY DESTROYED PROPERTY THROUGH THE RUSSIAN FEDERATION’S ARMED AGGRESSION

Abstract

The aim of this study is to examine the methodology and practical aspects of assessing the market value of assets that have been completely destroyed, and to identify the legal and methodological principles that govern this process. To achieve these objectives, we analyzed the relevant statutory instruments, employed system-structural and comparative methods, and applied expert-appraisal techniques. We address the pressing issue of valuing property—both real and movable, including damaged land parcels—that has been entirely erased by the Russian Federation’s armed aggression against Ukraine. We demonstrate the necessity of developing and implementing effective damage-assessment mechanisms, since conventional valuation approaches are inapplicable under wartime conditions. Our review encompasses current Ukrainian legislation and international practice in this field, and we analyze existing frameworks for determining the market value of destroyed property. Special attention is paid to the legal and regulatory environment in Ukraine, which fails to meet the requirements arising from large-scale destruction during armed conflicts. We argue that merely compensating direct losses is insufficient; it is equally essential to ensure the full restoration of enterprise operations and infrastructure, and to account for potential economic losses arising from destroyed assets. In addition to evaluating current methodologies and legal provisions, we offer concrete recommendations for improving legislation and practical valuation procedures in an armed-conflict context.