ВІДШКОДУВАННЯ ШКОДИ, ЗАПОДІЯНОЇ ВНАСЛІДОК ВОЄННИХ ДІЙ

Abstract

The purpose of this study is to highlight the actual problems of compensation for damage caused by military actions and to formulate proposals for improving such compensation. One of the objectives of the study is to develop practical recommendations and options for obtaining proper compensation. The article is based on the provisions of civil law, judicial practice and legal doctrine. The research is grounded on methods of synthesis, analysis as well as on comparative-legal and formal-logical methods. The problems of bringing and determining the extent of the damage were investigated. The analysis of the existing mechanisms of compensation for damage caused to natural persons, as well as the study of legislative initiatives aiming at realization of rights to receive compensation for damage or destruction of certain categories of immovable property as a result of fighting actions, terrorist acts, and sabotage caused by military aggression of Russian Federation were carried out. The main problematic aspects of the procedure of compensation of damage afflicted, particularly, the issue of the subject-matter composition (who has the right to receive such compensation) are highlighted. The problems of proving the destruction of property for further compensation, compensation of the damage afflicted and damages are emphasized. Therefore the presence of property damage in the form of destroyed or damaged one should be confirmed by relevant evidence: recording of information with witnesses or other authorized persons; photo and video fixation; use of materials of mass media; explanation of witnesses of shooting or detailed testimony of neighbors, relatives, friends. The problem of determining the size of the property that suffered damage or loss was investigated. The necessity for development of the methodology to determine the damage and losses afflicted by military actions, terrorist acts, and sabotage caused by military aggression of the Russian Federation was stressed and justified. Analyzing the experience of previous years, particularly the occupation of Luhansk and Donetsk regions, the experience of other states, as well as legislative and subordinate innovations, some practical advice for compensation of damage caused by military actions was developed and the basic ways of obtaining the compensation were proposed. Keywords: Civil and legal responsibility; compensation; state responsibility.