СТЯГНЕННЯ ШКОДИ З РОСІЙСЬКОЇ ФЕДЕРАЦІЇ, ЗАВДАНОЇ СУБ’ЄКТАМ ГОСПОДАРЮВАННЯ В УКРАЇНІ, ВНАСЛІДОК ПОРУШЕННЯ НОРМ МІЖНАРОДНОГО ПРАВА ЗБРОЙНИХ КОНФЛІКТІВ

Abstract

The author analyzes the norms of international law of armed conflicts, which are violated by Russia as a result of launching strikes on civilian infrastructure, namely the norms of the Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the protection of victims of international armed conflicts (Protocol I), of June 8, 1977. It is stated that all the strikes inflicted by Russia on the civil infrastructure in Ukraine, including the civil infrastructure of business entities, were carried out in violation of the norms of the international law of armed conflicts, in particular the fundamental principles of distinction, proportionality, etc. Conclusions are given that Russia, as an aggressor state and a participant in an international armed conflict, must bear international legal responsibility and compensate for the damage caused. Arguments are made that Ukraine already has a state aid program for Ukrainian citizens who own property damaged or destroyed by hostilities. We are talking about the fact that for business entities in Ukraine, Ukraine as a state does not provide compensation for losses caused by Russia as a result of military actions. The author analyzes the currently available viewpoints of lawyers regarding measures that should be taken by business entities in Ukraine to ensure compensation for damages caused by Russia as a result of violations of the international law of armed conflicts. Based on the author's research, the formation of theoretical and practical legal proposals for business entities in Ukraine regarding the measures that should be taken at the moment to ensure compensation for damages caused by Russia as a result of violations of the norms of international law of armed conflicts are given. In particular, business entities in Ukraine are now suggested to make independent efforts and use all opportunities to collect evidence that would confirm the fact that they have caused losses to business entities as a result of the military aggression of the Russia, and confirm the amount of such losses. It is also concluded that business entities in Ukraine can now apply to Ukrainian courts with a claim against Russia for compensation of damages and justify the need to deviate from the principle of judicial immunity of the state, which exists in international private law.