Beutekunst und Kunstraub

Grelka, Frank

doi:10.1515/vfzg-2019-0003

Cited by 2 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The amount of property damage is measured using such indicators as costs associated with the forced rental of housing in the controlled territory of Ukraine, forced costs for housing maintenance (payment of communal services), etc. [24]. At the same time, the courts note that existing international and national normative legal acts do not contain provisions on the emergence of a temporarily displaced person's right to reimbursement for the moral suffering suffered by them due to such displacement from the aggressor state [25].…”

Section: Who Can Apply For Compensation (Reimbursement)?mentioning

confidence: 99%

“…Reparations may encompass non-financial aspects, as highlighted in the UN report, 1 such as reinstating victims' legal rights, implementing victim rehabilitation programs, and adopting symbolic actions like official apologies, monuments, and commemorative ceremonies. The absence of effective loss compensation mechanisms can lead to unexpected consequences, the experience of other countries of the world [24][25][26] confirms the need to introduce transparent and clear procedures, a defined procedure for compensation and a list of types of damage that are subject to them.…”

Section: Introductionmentioning

confidence: 99%

“…The looting of art objects by the Soviet Union and attempts to justify it are known to the whole world, 24 which should attract the special attention of scientists, primarily because one of the declared goals of the war is the destruction of the Ukrainian people and their culture, so in this case it is not about precious art objects as such, but about, in particular, objects of Ukrainian culture and art, decisive for the history and identity of the Ukrainian people [3].…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

War damages compensation: a case study on Ukraine

Izarova,

Hartman,

Nate

2023

F1000Res

View full text Add to dashboard Cite

Russia's illegal, brazen and cynical full-scale invasion of Ukraine began on February 24th, 2022, and is still ongoing at the time of this research (July 2023). The damages incurred by Ukraine and its citizens during the years of occupation of the territories and the war are calculated in millions, although it is difficult to definitively determine both the methodology and specific numbers. To restore justice, it seems much more important to define a fair, transparent, and understandable procedure for compensating the losses suffered by citizens and businesses as a result of these events. This is especially important in the context of the need to implement the goals of sustainable development, in particular, ensuring equal access to justice for all. The article is devoted to these and related issues. To determine the procedure for compensating losses and damages caused by the war, we first determined what exactly can be compensated and who can apply for compensation. These and other factors determine the peculiarities of the procedure for the restoration of rights and compensation for damage caused by the war in Ukraine. In searching for an answer to the researched question, we analyzed the current legislation of Ukraine and draft laws proposed to regulate relations related to compensation for damages. We also conducted a comprehensive analysis of concepts such as losses, damages, compensation, reparations, and reimbursement as defined in national legislation and international treaties. The generalization of the case law of national courts (more than 200 analyzed decisions of the courts of the first and appeal and cassation instances for the period from February 20, 2014 to March 1, 2023, examples of which are presented in the study) indicates the presence of various approaches of compensation for damage, in understanding how to restore the violated rights of citizens.

show abstract

Section: Who Can Apply For Compensation (Reimbursement)?mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

War damages compensation: a case study on Ukraine

Izarova,

Hartman,

Nate

2023

F1000Res

View full text Add to dashboard Cite

show abstract

Compensation for Damages Caused by War: Investigating the Issue Using the Example of Armed Aggression by the Russian Federation Against Ukraine

Izarova,

Uhrynovska,

Hartman

2023

BulKNULS

View full text Add to dashboard Cite

Background. War is synonymous with destruction, encompassing both property losses and the lives and health of ordinary citizens. The damages suffered by Ukraine and its citizens during years of occupation of territories and war actions are calculated in millions, although it is difficult to definitively establish both the methodology for calculations and the specific figures. To restore justice, it appears far more critical to define a fair, transparent, and understandable procedure for compensating the damages inflicted upon citizens and businesses due to these events. This becomes especially crucial in the context of meeting sustainable development goals, particularly ensuring equal access to justice for all. This article is dedicated to these issues and their related aspects. Methods. To determine the procedure for compensating losses and damages caused by war, we initially identified what can be compensated and who can file a compensation claim. These and other factors determine the specifics of the procedure for restoring rights and compensating for the harm caused by war in Ukraine. In seeking answers to these questions, we analyzed the current legislation of Ukraine and drafted laws proposed to regulate relations associated with compensation for damages. A comprehensive analysis of concepts such as losses, damages, compensation, reparations, and indemnification, as defined in national legislation and international agreements, was also conducted. Summarizing the judicial practices of national courts (more than 250 analyzed decisions of first-instance, appellate, and cassation courts from February 20, 2014, to September 1, 2023, examples of which are provided in the study) indicates the existence of different approaches to compensating for harm in terms of restoring violated citizens' rights. Results. To develop potential solutions to these problems, an analysis of the experiences of countries that faced similar events was conducted. Particular attention is given to the practice of the European Court of Human Rights, which holds significant importance for Ukraine (decisions on cases concerning compensation for damages caused by occupation). Conclusions. In conclusion, it is proposed to determine approaches to the application of compensation and indemnification institutions, aligning them with international approaches and under societal expectations to identify the most effective forms of protection for these rights based on defined criteria.

show abstract

Beutekunst und Kunstraub

Cited by 2 publications

References 0 publications

War damages compensation: a case study on Ukraine

War damages compensation: a case study on Ukraine

Compensation for Damages Caused by War: Investigating the Issue Using the Example of Armed Aggression by the Russian Federation Against Ukraine

Contact Info

Product

Resources

About