ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS 112 financing of housing programmes and projects from local budgets in the context of decentralization45. Not only does the state lack resources to provide internally displaced persons with housing, it also cannot provide accurate information on the housing needs of this group of people46. In addition, not all housing programmes currently operating at the national and regional levels are for just the internally displaced persons. By his Decree 837/2019 “On Urgent Measures to Conduct Reforms and Strengthen the State” of 8 November 2019, the President of Ukraine tasked the Cabinet of Ministers of Ukraine with developing a state targeted programme to address the housing needs of ATO/OUF participants and internally displaced persons through public-private partnership and soft loans, which should have a positive impact on the situation. Realization of the right of the civilians to restitution of housing, land and property, payment of compensation for housing and other property destroyed or damaged as a result of the armed conflict47 CHAPTER 5 According to Article 2 of Law of Ukraine 2268-VIII “On the Peculiarities of National Policy to Ensure State Sovereignty of Ukraine in the Temporarily Occupied Territories in Donetsk and Luhansk Oblasts” of 18 January 2018, the liability for material or non-material damage caused to Ukraine as a result of the armed aggression by the Russian Federation falls to the Russian Federation, in accordance with the principles and norms of international law. At the same time, the state, not being able to protect persons under its jurisdiction from violations of their fundamental human rights as a result of hostilities and to implement its positive obligations, should ensure effective mechanisms to protect and restore violated rights, including compensation for damage. Ukraine is also obliged to take all necessary measures aimed at assessing all damages caused by the armed aggression and have them compensated by the Russian Federation through the procedure of bringing it to international legal arbitration, in accordance with international law. Compensation for property destroyed during the armed conflict has been considered by the European Court of Human Rights (ECtHR) on numerous occasions48. The legal position of the ECtHR is based on the assertion of the responsibility of the state, which is obliged to ensure peace and order in society, as well as the personal security and security of property of people under its jurisdiction. Today, Ukrainian legislation provides for civil and criminal remedies to address violations of property rights. Legislation covers filing criminal charges with law enforcement; filing complaints to the heads of public authorities/ higher authorities about illegal actions or omissions of public authorities; and filing civil lawsuits in court for reimbursement of damages. The courts are receiving more and more claims for recovery of monetary compensation for real estate damaged or destroyed during the ATO/OUF. 45 See ‘Improving the national legislation of Ukraine on the protection of human rights of internally displaced persons. Revised baseline analysis’. Council of Europe, Internal Displacement in Ukraine: Building Solutions Project, 2019, p. 83. 46 Back in 2018, the Accounting Chamber drew attention to the need to finalize the Unified Information Database on Internally Displaced Persons and update the information therein. Agreeing with this conclusion, it should be noted that, based on the needs assessment, the database should include information on the number of internally displaced persons in need of better housing. 47 International instruments – including the Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949; United Nations Principles on Housing and Property Restitution in the Context of Return of Refugees and Internally Displaced Persons (Pineiro Principles); United Nations Guiding Principles on Internal Displacement; Resolution of the Parliamentary Assembly of the Council of Europe 1708 (2010) “Solving property issues of refugees and displaced persons” – provide and guarantee the principle of the inviolability of rights to property located in the territory of an armed conflict, as well as provide for the right to compensation or restitution for destroyed or damaged property. PACE Resolution 1708 (2010) calls for timely and effective redress for the loss of access and rights to housing, land and property abandoned by refugees and internally displaced persons without regard to pending negotiations concerning the resolution of armed conflicts or the status of a particular territory (item 10.1). 48 In particular, the EctHR’s position on this issue, which concerns not only Ukraine, is demonstrated in the cases of Dogan and others v. Turkey, Saghinadze and others v. Georgia, Gulmammaldova v. Azerbaijan, Radanovic v. Croatia, and Xenides-Arestis v. Turkey.