Russia has to pay. When and how will it be possible to get damages from aggressor

Today, focus needs your support to continue your mission. Thank you for being with us. According to preliminary estimates of the World Bank, the losses of Ukraine since the beginning of a full -scale invasion of Russia exceed $ 349 billion. The share of business losses is $ 9. 7 billion, but it is likely to be higher.

Since the prospect of voluntary paying for reparations now seems to be minor, the Government of Ukraine is actively working on the development of mechanisms for compensation for damages caused by civil population and business as a result of armed aggression of the Russian Federation. However, it is unclear exactly how and what reserves will be compensated for these losses. The most real is the creation of a certain fund within the framework of a new multilateral international treaty.

According to unconfirmed data, as a result of applying to the Russian Federation international sanctions, the assets of the Central Bank of the Russian Federation were arrested around $ 300 billion. It is these assets that will probably form the basis of future reparations in Ukraine. However, it should be understood that a priority will be compensated aimed at rebuilding critical infrastructure and payment of citizens who have lost housing as a result of hostilities.

Compensation for business losses will clearly not be a primary task. Spoiler: There is currently no single really effective mechanism that would 100% guarantee the company full compensation for its losses. However, there are variants of different actions that depend on the amount of losses incurred, the applicant's goals and financial capabilities. Let's start with what losses you can make compensation.

The main elements are the losses caused by the destruction or damage of the property; missing benefit from the impossibility or obstacles to business activities; losses from unpaid goods, works and services provided and consumed in temporarily occupied territories.

In the occupied territories, it is impossible to estimate the level of damage caused by the aggressor, so it will be a matter of compensation for damages after the situation with assets that are now in the temporarily occupied territories, is somewhat different and not so unambiguous, since property may not be destroyed, ownership is not violated , and the owner, in fact, is only devoid of access and possibility of using such property.

Therefore, until such territories are deocal to estimate real losses, we can only talk about the lost benefit and inability to use assets. Directions of action for damages as a result of armed aggression of the Russian Federation are different, and are selected in each case. The battle field can be both Ukraine and the whole world: it all depends on the circumstances of a particular case, the amount of losses and your financial capabilities.

One of the options is to file a claim for compensation for the losses incurred as a result of the aggression of the Russian Federation to the competent court of Ukraine and its subsequent recognition in foreign courts, where in the Russian Federation there are assets. Such a claim is filed directly against the aggressor state. The main obstacle in this direction of action is the judicial immunity of Russia (the insecurity of the state without its consent to the courts of another state).

However, in April this year, the Supreme Court expressed a position that, when considering the case of compensation for damage caused to an individual as a result of the armed aggression of the Russian Federation, where the defendant was defined by the Russian Federation, the court has the right to ignore the immunity of that country. That is, in fact, the Supreme Court abolished the judicial immunity of the Russian Federation as an aggressor country.

In addition, the Supreme Court determined that since Ukraine has terminated diplomatic relations with Russia, there is no need to refer to the Russian Embassy in Ukraine on the consent of the Russian Federation to be a defendant in cases of compensation for damages in connection with the commission of the Russian Federation of armed aggression against Ukraine.

This position of the Supreme Court literally resolves the hands of Ukrainian courts to satisfy the claims of individuals and companies affected by the military aggression of the Russian Federation, and is now actively accepted in the consideration of cases of compensation for damage.

However, there is a question of the nuances of further implementation of such a decision in other countries, since foreign courts adhere to their own legislation, which provides for judicial immunity and the need for proper notification of the defendant about the trial.

The PACE recently recognized the current Russian regime terrorist (Russia-terrorist) and called on the Council of Europe member states, among other things, to create a comprehensive system of responsibility for serious violations of international law as a result of Russian aggression against Ukraine.

As a result, a number of European states have begun work on the recognition of Russia-terrorist at the legislative level, and therefore there will be restrictions on the use of its judicial immunity to claims for compensation for damage caused by aggression of the Russian Federation.

The US Senate also presented a bill to recognize Russia with a sponsor of terrorism, which, if adopted, will allow it to sue in the US courts and demand compensation for the damage caused, including at the expense of the assets of the Russian Federation. Another direction of action is to submit an individual statement against the Russian Federation to the ECtHR to pay compensation for the damage caused.

It should be understood that the consideration of ECtHR applications is long enough (sometimes it can take more than 10 years), so you should not expect quick results.

In addition, on September 16, Russia has finally ceased to be a party to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and although the ECtHR remains competent to consider the statements filed against the Russian Federation, Russia is unlikely to participate in such a process and, moreover, to execute the appropriate decision.

As an alternative to claims directly against Russia, they are now actively discussing suggestions for individual sub -citizens of the Russian Federation.

This variant has its advantages: around the world, multimillion -dollar assets of Russian oligarchs have been blocked and arrested, which will be much easier to impose penalties than on the assets of the Russian Federation; there is no judicial immunity, and therefore there are no obstacles to sue; And he is "believed" by international investors (fanders), which already makes this direction the most promising.