Compensation for moral and material damage damage by military actions

Abstract

The study focuses on evaluating the current legal mechanisms regulating compensation for war-inflicted damage, particularly within Ukraine. An analysis is conducted on national and international legal instruments addressing compensation for destroyed property, human rights violations, and environmental damage, alongside proposed improvements to these mechanisms. The purpose of the study is to examine the effectiveness of existing approaches and develop recommendations for their enhancement in the context of modern challenges. The findings indicate that national compensation mechanisms face limitations, especially for individuals whose property is located in temporarily occupied territories. Existing legislation allows for the submission of information regarding damaged or destroyed property but does not provide a sufficiently transparent or effective mechanism for obtaining compensation. It is also noted that individuals residing in territories under Ukrainian control have better access to compensation mechanisms; however, challenges remain due to the lack of a unified approach to damage assessment. Recommendations include the introduction of a unified damage recording mechanism, the establishment of a state fund for preliminary payments, and the adoption of international practices in collective lawsuits, particularly as implemented in the US and EU. In addition, emphasis is placed on the importance of better integration of international compensation standards into Ukraine’s legal system, especially regarding compensation for environmental damage and human rights violations. The results highlight the need for legislative improvements to ensure fair and effective compensation for war-affected individuals, as well as the role of international law in this process.