30 November 2022, 17:24

Iryna Mudra: International Compensation Mechanisms is a guarantee of justice for the future

Ministry of Justice of Ukraine

Speaking about compensation for damage suffered by individuals and legal entities as a result of the armed aggression, we strive for creation of the International Mechanism for Compensation for Damages Caused by Armed Aggression on the Territory of Ukraine as soon as possible. Deputy Minister of Justice of Ukraine Iryna Mudra says this.

- What is the concept of the Ministry of Justice regarding new ways of providing compensation for damage caused by the military actions of the Russian Federation?

- We have a clear vision how to secure compensation for damages caused by the aggression.

Armed aggression has created enormous problems, including an unprecedented amount of destruction and damage to state and private property.

That is why the establishment of an International Compensation Mechanism will significantly contribute to reparations to persons affected by the aggression. It will comprehensively address this issue problem maximally covering all categories of losses and victims.

Since the very beginning of Russia's full-scale military invasion, the Ministry of Justice, as part of the Working Group created under the Presidential Decree, has been carrying out the work to promote the establishment of such International Compensation Mechanism for Ukrainians and foreigners affected by the aggression.

The key concept of International Compensation Mechanism is the construction of coherent system for securing real compensation for damages caused by aggression.

It will be based on multilateral international treaty between Ukraine and allied states.

The special Compensation mechanism would consist of three components:

  • Compensation Commission that would examine compensation claims.
  • Compensation Fund that would gather russian assets for purposes of executing decisions of the Commission. The Compensation Fund would serve as a facility for payment of financial satisfactions adopted by the Compensation Commission for Ukraine. It is assumed that Ukrainian and foreign individuals and legal entities, as well as states, will be entitled to apply for compensation.
  • Special Procedure of Enforcement the Commission`s Decision.

The international treaty would also provide for the opportunity to use the mechanisms of the Commission by foreign entities (natural and legal entities, states) which directly or indirectly suffered from the aggression due to destruction of property, aggression itself, sanctions, impossibility to keep business in Ukraine, expenditures for humanitarian assistance, etc.

Not only Ukraine, Ukrainian citizens and foreign states need the International Compensation Mechanisms – it is a guarantee of justice for the future.

- At the expense of what funds is offered to compensate for the damage caused to individuals and legal entities as a result of the military actions of the Russian Federation?

- The Compensation Mechanism would establish the Compensation Fund to gather resources for the payment of compensation awards.

The source for the Fund will be finance gained from sale of confiscated assets of russia and russians on the territory of treaty participating States.

Besides, voluntary contributions by the third states, Ukrainian and international charity funds shall not be excluded.

In exchange, it can be certain preferences that concern, for example, the ability to comment, without the right to vote, on the decisions of the Compensation Commission.

The final set of sources for filling the Compensation Fund will be agreed upon the conclusion of an international treaty.

- What victims of the Russian military actions need to know/do now in order to successfully achieve compensation in the future in the event of the creation of appropriate international mechanisms?

- The war began in February and has been lasting on for more than 9 months. Every day, in connection with armed aggression, more and more destruction and damage occur. People suffer from war.

Anyone whose property is damaged or destroyed shall properly document the facts of the damage and record the losses.

The Ukrainian Government has already developed the methods for calculating damages, depending on their types. To date, a unified platform for collecting information on the damage caused has already been implemented and clarifications have been provided on how to enter information, for example, on damaged property.

Ukrainian bar community has repeatedly discussed and brought to the general public the recommendation to document damages so that in the future such evidence can be used for further compensation.

Well, and of course, victims should monitor the progress in creating a compensation mechanism.


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