Compensation for Damage as a Form of International Legal Responsibility of the russian federation for Armed Aggression against Ukraine
DOI:
https://doi.org/10.32631/pb.2025.4.01Keywords:
compensation for damage, international legal responsibility, armed aggression, compensation mechanism, jus cogens, erga omnes, restitutio in integrum.Abstract
The article provides a comprehensive analysis of the compensation for damages as a key form of international legal responsibility of the russian federation for armed aggression against Ukraine. The relevance of the topic is due to the unprecedented scale of the damage caused and the need to develop effective mechanisms for compensation in the context of contemporary international legal challenges, transformations and the growing role of international organisations. The aim of the study is to clarify the international legal nature of compensation for damage as a mandatory consequence of a gross violation of the jus cogens norm – the prohibition of aggression – and to determine the role of international, regional and national institutions in ensuring the realisation of this right of Ukraine and its practical implementation.
The work uses a set of general scientific and special legal methods, which made it possible to systematically analyse the provisions of international legal acts, judicial practice and doctrinal approaches to determining the scope, nature and forms of compensation. Particular attention is paid to the practice of the UN International Court of Justice, the European Court of Human Rights and the International Criminal Court, which play a key role in shaping standards of compensation for damage and creating a harmonised international practice. The article examines the issues of material, moral, environmental and cultural damages subject to compensation, as well as the problems of applying the principle of restitutio in integrum in the current conditions of hybrid wars and international security instability.
The results of the study show that compensation for damage in the case of Russian aggression against Ukraine is universal and comprehensive in nature and includes both direct material damage and long-term negative consequences for society, the economy and the environment. At the same time, significant legal barriers to the implementation of this right have been identified, related to the immunity of state property, the lack of a universal mechanism for the enforcement of decisions, and the limited jurisdiction of international judicial bodies. The prospects for the creation of a special international compensation mechanism, in particular an International Register of Damages, as well as the possibility of using frozen Russian assets for the benefit of Ukraine’s recovery and sustainable development, have been analysed.
It is concluded that the formation of an effective system of compensation for damage is an indispensable condition for the restoration of international law and order, the strengthening of trust in international law and the establishment of justice, as well as an important factor in ensuring sustainable peace, reconciliation and the future development of Ukraine.
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Copyright (c) 2025 M. V. Mordvyntsev, D. V. Pashniev, O. V. Khliestkov
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