Theoretical and Practical Aspects of Compensation Awarded by Ukrainian Courts for Violations of Fundamental Rights Caused by the Armed Aggression of the Russian Federation

The attack and open aggression by Russia against Ukraine, its disregard for universally recognized norms of international humanitarian law, and the Russian Federation’s desire to impose its own rules of the game on European states have influenced all ongoing processes not only in Ukraine, which is directly fighting the enemy on the battlefield, but also in the politics and perception of the situation in other states, where law and legal culture are not empty words and where people are accustomed to respecting them. 

The war waged by Russia against Ukraine is the most severe blow to our state since World War II. During that war, active military operations also took place on Ukrainian territory, the infrastructure was seriously damaged, and rebuilding Ukraine required considerable effort and time.

The aggressor state and its armed forces have demonstrated unprecedented contempt for both the provisions of international humanitarian law and the law in general. This blatant act of aggression has been accompanied by thousands of war crimes – from the deportation of Ukrainian children from occupied territories to killings, torture, and rape, affecting both children and adults.  The number of war crimes, victims, the range of ages affected (from infants to the elderly), and the cruelty of the invaders are shocking not only to Ukrainians but to the entire democratic world.

The enemy is waging a direct war against the civilian population, destroying civilian infrastructure, attempting to deprive people of electricity, water, and heating in winter, and carrying out missile strikes on kindergartens and shopping centres.  Russia’s aggressive offensive has affected absolutely everyone in the country, and each individual has personally felt the impact of the war. Therefore, the international community’s drive to hold the perpetrators of war crimes criminally accountable is completely understandable.  Both domestic and international criminal law mechanisms are being employed for this purpose.

However, in addition to criminal responsibility for war crimes, it is beyond dispute that the war on Ukrainian territory has resulted in the unprecedented destruction of private and corporate property, also causing immense non-material damage. Victims are demanding justice and compensation, with total claims reaching billions of US dollars.

According to Deputy Head of the Office of the President of Ukraine, Iryna Mudra, “the damage caused by Russia during just the last three years of war is estimated at USD 589 billion”.  The World Bank provides a similar figure: USD 524 billion.

According to Head of the Office of the President of Ukraine, Andriy Yermak, since 2022 Russia has destroyed 214,000 civilian infrastructure objects in Ukraine, including 173,000 residential buildings, 4,000 schools, and numerous hospitals.  The total amount of damage inflicted on Ukraine since the beginning of the aggression in 2014 reaches the astronomical figure of USD 1 trillion.  Infrastructure losses alone amount to nearly USD 170 billion.

It should be noted, however, that these figures are far from complete and reflect only the surface layer, so to speak.  They do not fully account for losses suffered by individuals due to the destruction of property (primarily homes), nor do they reflect the consequences of losing loved ones (moral damage), being forced to relocate, losing employment, and many other factors. Ultimately, the total amount of economic losses may reach as high as USD 2–3 trillion!!!

Ukrainian courts have already developed a practice of hearing compensation claims for damage caused by Russia’s armed aggression against Ukraine, which has led to the emergence of national-level litigation regarding the Ukrainian state’s liability for material and moral damages resulting from this aggression.

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