Judicial and extrajudicial proceedings to compensate for damages caused by armed conflicts: experience of Ukraine

Abstract

The purpose of this study is to analyze existing judicial and extrajudicial methods of applying to compensate for damages caused by armed conflicts on the example of Ukrainian legislation. The research methodology is based on the systematic approach, and therefore, system-structural and system-functional methods of scientific cognition. The application of the comparative and legal method of the research made it possible to identify the positive practice of other countries, as well as to clarify international standards in this area. Considerable attention has been paid to the practice of implementing the tort exception by Ukrainian courts. The authors have emphasized their attention on the peculiarities of applying to compensate for damages within civil and criminal proceedings. The administrative procedures established in Ukraine for the purpose to compensate for damages caused by the armed aggression of the Russian Federation have been clarified.On the basis of the conducted analysis, the authors have offered general recommendations to improve the mechanism of legal regulation to compensate for damages caused to Ukraine as a result of armed aggression.