Peculiarities of the compensation for damage caused by military actions: New realities of international judicial practice

Abstract

The military actions of the Russian Federation against Ukraine cause considerable losses to the Ukrainian people: the military and civilian population die, infrastructure and housing are destroyed, and cultural heritage is destroyed. The specified losses must have consequences namely - compensation for damages at the expense of the occupying country. So, it is vital to analyze the realities of international judicial practice regarding the specifics of compensation for damage by the aggressor state and to understand the prospects of obtaining such compensation for Ukrainians. The purpose of the work is to study the trends of international judicial practice regarding the specifics of compensation for damage resulting from military actions. The research methodology is hermeneutic, historical, extrapolation, comparative legal, generalization, analysis, synthesis, and deduction. Attention was drawn to the fact that a state that grossly violates international humanitarian law and human rights can act as a defendant in national courts. In addition, the analysis of the legislation on compensation for damages, including those caused as a result of Russia's military aggression, determines the development and adoption of legal acts that will regulate the issue of social protection and the specifics of compensation for damages to the population affected by the armed conflict.

The mechanism for legal regulation of business entities' tortious obligations in Ukraine

“…Described approaches to compensation for damage caused by unconstitutional law in eastern Europe (Berestova et al 2020). Described peculiarities of the compensation for damage caused by military actions: new realities of international judicial practice (Gramatskyy et al 2022). O. Panchenko described the case law from the ECHR regarding compensation for moral damage to employees (Panchenko 2022).…”