IMPLEMENTATION OF DOMESTIC REPARATIONS INITIATIVES WITH THE PARTICIPATION OF NATIONAL COURTS OF UKRAINE IN CASES OF COMPENSATION FOR DAMAGES CAUSED DURING THE RUSSIAN-UKRAINIAN WAR

Abstract

Today, one of the most difficult and important tasks in the legal, political and economic aspects of Ukraine’s development as a European state is the legal possibility for the injured parties to obtain moral and material compensation for damages caused during the Russian-Ukrainian war. The atypical nature of the grounds for the damage, namely the active phase of hostilities that led to damage and/or destruction of movable and immovable property, as well as the specificity of the defendant, make it impossible to effectively use the usual mechanisms for compensation for damages. In the context of this issue, the authors of the article aim at a comprehensive study of modern national legal instruments which can be used by citizens of Ukraine, including individuals and legal entities, to restore their violated rights and obtain appropriate compensation. To achieve this goal, the author examines in detail the legal nature of the concept of judicial immunity, its types, as well as the specifics and procedure for its application in the event of bringing the Russian Federation to legal liability. The methodological basis of the study is a system of general theoretical (methods of abstraction, deduction, induction, analysis, and a systematic approach) and empirical methods (the method of comparison) which contribute to a full coverage and objective analysis of the subject matter of the study – domestic reparations initiatives, the effectiveness of which is ensured by the national courts of Ukraine. Conclusions. The author determines that the first of the possible national means of implementing reparations initiatives is to file a civil claim with the court within criminal proceedings. At the same time, it is believed that it will be extremely difficult for Ukrainian citizens to obtain a guilty verdict using the tools of criminal proceedings. The exception to these cases is the opening of criminal proceedings against the military personnel of the Russian Federation or any other representatives of the occupation administration whose guilt has been proven in accordance with the procedure established by law. In such circumstances, the best option for individuals would be to go to court under the rules of civil jurisdiction, and for legal entities – within the framework of commercial proceedings.