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International Experience of Damages Compensation in Armed Conflicts: Lessons for Ukraine.

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War damages compensation: a case study on Ukraine.

Iryna Izarova^1,2, Yuliia Hartman³, Silviu Nate^1,4

¹Lucian Blaga University of Sibiu, Sibiu, Romania.

|November 24, 2023

Summary

This study addresses compensation for war damages in Ukraine, focusing on establishing a fair procedure for citizens and businesses. It analyzes legal frameworks and court practices to ensure justice and support sustainable development goals.

Keywords:

reimbursement for damage; war damages compensation; war in Ukraine; settlement of disputes; transitional justice

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Area of Science:

Law
International Relations
Sustainable Development

Background:

Russia's full-scale invasion of Ukraine, ongoing since February 24th, 2022, has caused extensive damages.
Quantifying war-related losses is challenging, necessitating a clear compensation procedure.
Ensuring equal access to justice is crucial for sustainable development goals.

Purpose of the Study:

To define a fair, transparent, and understandable procedure for compensating losses and damages incurred by citizens and businesses due to the war in Ukraine.
To identify compensable losses and eligible applicants.
To explore the peculiarities of rights restoration and damage compensation in the context of war.

Main Methods:

Analysis of current Ukrainian legislation and draft laws concerning war damage compensation.
Comprehensive analysis of legal concepts: losses, damages, compensation, reparations, and reimbursement.
Generalization of national court case law (over 200 decisions from February 20, 2014, to March 1, 2023).

Main Results:

Identified key factors influencing the compensation procedure, including the nature of losses and applicant eligibility.
Highlighted variations in legal definitions and approaches to compensation and rights restoration in Ukrainian jurisprudence.
Revealed diverse judicial practices in compensating war-inflicted damages and restoring violated rights.

Conclusions:

A formalized and transparent procedure for war damage compensation is essential for restoring justice in Ukraine.
Alignment with sustainable development goals, particularly equal access to justice, should guide compensation frameworks.
Further legal development and consistent judicial application are needed to effectively address war-related damages.