Application of international standards and methods of determining the amount of property damage in civil claims in criminal proceedings regarding persons who have been suffered from armed aggression against Ukraine

Abstract

In the article, the author examines the legislation, modern approaches and methods of valuations when determining the amount of property damage, analyzes the international experience of damage assessment and the possibility of applying relevant methods and international standards in criminal proceedings. Outlines the main regulatory and legal acts that implement the registration of damages caused by armed aggression, registers created in Ukraine, compensation funds, the purpose of which is to ensure that victims receive compensation both out of court, and that victims receive compensation through the mechanism of filing a lawsuit , in particular, a civil claim in criminal proceedings, as well as regulatory developments in the direction of international compensation mechanisms. The purpose of the article is the analysis of scientific sources, professional publications, in particular, methods and standards published by the Council of International Assessment Standards, which have long been used around the world. It is substantiated that in the case of proper application of such methods as TEGOVA, RICS, in combination with the methods accepted in modern conditions (for example, the Methodology for determining the damage and amount of damage caused to enterprises, institutions, organizations of all forms of ownership due to the destruction and damage of their property in connection in connection with the armed aggression of the Russian Federation, as well as the lost profit from the impossibility or obstacles to the conduct of economic activity) will ensure sufficient justification of judicial decisions made by national courts. Based on the results of the study, a conclusion was drawn about the need to comply with international standards of justice, in particular, regarding the collection of evidence and methods of calculating the amount of property damage caused to the victim, in order to unhindered execution of a court decision of national jurisdiction, including abroad or through international institutions.