National and international legal mechanisms for compensation of damages to business partnerships caused by armed aggression

Abstract

The article presents a comprehensive scientific and theoretical study of the legal mechanisms for compensating damage caused to entrepreneurial legal entities as a result of the armed aggression of the Russian Federation against Ukraine. The relevance of the topic is explained by the significant economic losses of Ukrainian business and the need to create an effective and systematic compensation mechanism at both the national and international levels. The paper emphasizes that there is currently no single coordinated approach to choosing the optimal legal instruments for compensating damage to legal entities.
The content and features of national compensation mechanisms have been revealed, in particular state programs for partial reimbursement of the cost of damaged or destroyed property, as well as war risk insurance as a means of protecting the property interests of businesses. Special attention is paid to the judicial protection of the rights of legal entities, in particular the analysis of the practice of national courts and the problems of recognition and enforcement of their decisions abroad due to the jurisdictional immunity of the aggressor state.
International compensation mechanisms have been studied, based on the interaction of the Loss Register, the Compensation Commission, and the Fund for the payment of compensations. It was found that the mentioned elements form a holistic institutional structure aimed at ensuring the proper recording, assessment and compensation of the damage caused. It was noted that their functioning creates the prerequisites for the effective implementation of the international legal responsibility of the aggressor state and ensuring real access of the affected subjects to compensation.
The feasibility of applying hybrid models of damage compensation, which combine national and international legal means, as well as the possibility of involving sanctioned individuals as co-defendants in relevant cases, has been justified.