Reparations as a tool for holding the Russia responsible for war crimes committed on the territory of Ukraine

Abstract

Introduction. The actions of the Russian Federation on the territory of Ukraine grossly violate the principles and norms of international law. Taking into account the fact that during the year it was not possible to settle the military conflict diplomatically, that is, based on the observance of the principles and norms of international law and the UN Charter, there is a need to assess the possibilities of Ukraine receiving reparations and to study this instrument of international justice from the point of view of holding the Russian Federation accountable for the military crimes committed on the territory of Ukraine. The purpose of the paper is to study the essence and features of reparations to Ukraine, as a tool to hold the Russian Federation accountable for the purpose of compensation for losses and damages for war crimes committed on the territory of Ukraine. Results. It was established that the compensation determined according to the principle of restitution cannot be limited only to the legally defined maximum amount of compensation or to any calculation that does not follow from a strict assessment of damages as a result of the military aggression of the Russian Federation. In the case of loss of life or infliction of bodily harm, torture, sexual violence, the operation of such a principle is problematic due to the fact that these crimes do not have a specific monetary definition. The direct losses of Ukraine, as well as the amount of additional costs for economic recovery and reconstruction, are analyzed, taking into account the perspective of Ukraine's integration into the European Union. The need to develop and implement a legitimate international mechanism that would provide compensation for the damages caused by Russia and be effective despite its categorical refusal to cooperate was argued. Conclusions. It is suggested that new agreements on reparations be regulated by international agreements. For Ukraine, this model of legal behavior is appropriate, because, thanks to the imposed sanctions, a significant number of assets of the Russian Federation are frozen, being under the control of foreign governments and, in the future, can be used to restore Ukraine as compensation for losses caused by military actions.The results of the study can be used in the process of forming a legal mechanism for compensation for losses, provided that war crimes on the territory of Ukraine are recognized as genocide of the Ukrainian people.