LEGAL POSITIONS OF THE SUPREME COURT ON COMPENSATION FOR MATERIAL AND MORAL DAMAGES CAUSED DURING THE WAR IN UKRAINE

Abstract

The article examines the formation and evolution of the Supreme Court’s legal positions in cases concerning compensation for material and moral damage resulting from the Anti-Terrorist Operation, the Joint Forces Operation, and the full-scale armed aggression of the Russian Federation against Ukraine. The grounds on which individuals and legal entities bring claims for compensation for material and moral damages before the courts are analyzed. It is noted that such claims, arising from damage caused in the context of the war in Ukraine, have been brought both against the State of Ukraine and its public authorities, as well as against the russian federation and its state bodies.

The key legal positions regarding the admissibility and sufficiency of evidence for assessing damage to immovable property caused during the Anti-Terrorist Operation, the grounds and scope of State liability, the State’s positive obligations in the sphere of protection of property rights, the application of the doctrine of State immunity of the Russian Federation, and the possibility for Ukrainian courts to adjudicate claims brought against the Russian Federation for compensation of damage caused by armed aggression are identified and analysed. Special attention is paid to legal positions concerning the participation of the aggressor State as a defendant in such proceedings, the differentiation of compensation mechanisms for destroyed housing before and after 24 February 2022, the determination of the category of eligible recipients of compensation, and the limits of Ukraine’s liability in cases where enforcement of judgments against the aggressor State is impossible.

It is established that the evolution of the Supreme Court’s legal positions reflects a shift in approach from disputes concerning the State of Ukraine’s liability for failure to fulfill positive obligations regarding the protection of property rights to the recognition of the possibility of direct judicial prosecution of the aggressor state within national jurisdiction. It is substantiated that the relevant practice of the Supreme Court serves not only a law-enforcement function but also a guiding function for the further improvement of the national mechanism for compensating war-related damages.

It is concluded that the Supreme Court’s legal positions have formed gradually and have been closely linked to the development of national legislation. It is emphasized that the further evolution of the Supreme Court’s case law in this field will lead to greater refinement and harmonization of approaches to the protection of violated rights of individuals affected by armed aggression. The need for further scholarly analysis of the issue and for improvements to the legal framework governing compensation for war-related damage, in accordance with the principles of justice, proportionality, and effective judicial protection, is also highlighted.


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