Scientific and practical analysis of current regulations, judicial practice and legislative initiatives in the field of compensation for property damage caused by damage to real estate as a result of armed aggression of the Russian Federation

Abstract

The military aggression of the Russian Federation against Ukraine, which began on February 26th, 2022, has already raised a lot of questions about the grounds for the procedure and methods of compensation (retribution) for property damage caused by the Russian Federation as a result of military aggression. Let’s analyze what prospects we have today regarding the possibility of implementation of such an opportunity.
The main aim of the article is to show and to stress that the present Ukrainian juridical compensation mechanisms (especially civil law regulation) are not proper to the case of Russian war aggression.
The biggest part of data in this article were used due to analysis and comparison of two situation; the compensation for property damage caused by damage to real estate as a result of armed aggression of the Russian Federation in 2022 and period of ORDLO (Russian aggression in Donetsk and Lugansk oblasts in 2014).
The conclusions are made in this article shows that for Ukrainian residents, which are affected from the Russian war aggression, especially whom property were damaged or ruined by the Russian Federation as a result of military aggression, are not for now provided by effective juridical compensation mechanisms to cover losses caused by armed aggression of the Russian Federation in 2022.
Solution to the problem mentioned above is should be adoption the special complex law. Such law should determine and provide the grounds, subjects whose property is compensated and the procedure for seizure and reversal of this property in favor of Ukrainian residents who have suffered property damage. Some drafts of such law are debated in Ukrainian Parliament already.