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

Abstract

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.