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PECULIARITIES OF COMPENSATION FOR DAMAGES AND LOSSES CAUSED AS A RESULT OF THE ARMED AGGRESSION OF THE RUSSIAN FEDERATION AGAINST UKRAINE.

Authors :
HNATIV, OKSANA
YANOVYTSKA, HALYNA
SENYK, SVITLANA
PASAILIUK, IRYNA
Source :
University of Western Australia Law Review; Jan2024, Vol. 51 Issue 1, p116-132, 17p
Publication Year :
2024

Abstract

In the conditions of the Russian-Ukrainian war, a significant part of both material and immaterial values of participants in civil relations (both individuals and legal entities, as well as the state, territorial communities, and Ukrainian and international investors) is destroyed. This led to the occurrence of a wide range of losses and damage, which in the conditions of war is rather challenging to record and, accordingly, to compel the guilty to compensate them. The study's relevance was that the events studied in it are currently taking place in Ukraine, which indicates the need for their analysis and practical resolution as soon as possible. Because of this, the purpose of the work was revealed to determine the priority compensation methods for damage and losses caused during the Russian Federation's armed attack on Ukraine. For this, the work used the way of analysis and synthesis, comparison, deduction, formal-legal, and generalization. As a result, it was established that recording losses and damages is a complex process, especially in areas where active hostilities are taking place. Accordingly, the state is faced with the need to form qualitative methods for assessing the damage caused, damages, and the possibilities of adequate protection of the rights of individuals and legal entities in national courts. It was proved that the priority methods of ensuring further compensation for losses are the seizure of assets of residents of the Russian Federation located on the territory of Ukraine, as well as the formation of a special fund for the payment of compensation to the victims. In addition, the research found that Ukrainian legislation needs changes, especially concerning the specifics of compensation for destroyed property, health damage, and even moral damage. Accordingly, not only the current regulatory acts were studied, but also the draft law, the content of which concerns the development of a particular institute to compensate the victims of the damage caused by the armed aggression of the Russian Federation. Thus, the practical value of the work is revealed in the possibility of its use both by participants in civil relations who have suffered losses or damage and by legislators during the formation of mechanisms and institutions for its prompt compensation. Keywords: war, reparations, international tribunal, asset recovery, compensation. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00420328
Volume :
51
Issue :
1
Database :
Supplemental Index
Journal :
University of Western Australia Law Review
Publication Type :
Academic Journal
Accession number :
175787918