ДЕЯКІ ПИТАННЯ ЗАСТОСУВАННЯ ПОРЯДКУ ВІДШКОДУВАННЯ МАЙНОВОЇ ШКОДИ В УМОВАХ ВОЄННОГО СТАНУ В УКРАЇНІ

Abstract

The article concerns the topical issues concerning the compensation for property damage under the conditions of martial law in Ukraine. The current special legislation, which regulates the specifics of compensation for damage under the conditions of military aggression of the russian federation against Ukraine, is analyzed. It has been established that on the temporarily occupied territories of Ukraine, the implementation and/ or enforcement of general norms regarding compensation for property damage established in the Civil Code of Ukraine, the Central Committee of Ukraine, the Code of Civil Protection of Ukraine and special norms are impossible. On other territories of Ukraine (where there are no hostilities or the territories are de-occupied), the current procedure for compensation for property damage has been specified, taking into account the limitations of the legal regime of martial law. It was established that the procedure for compensation for property damage involves certain stages, in particular, with the application of specific elements of regulatory mechanisms of criminal, administrative and international law. It is also determined that in wartime conditions compensation for property damage is possible only in court order with a determination of the court jurisdiction in each specific case. The current legislation and the practice of its implementation concerning compensation for damage caused by violations of international humanitarian law as a result of armed conflicts have been studied. In particular, the application and implementation of the provisions of the 1949 Geneva Convention for the Protection of the Population in Time of War, the Additional Protocol to the Geneva Conventions (Protocol I) of 1949, and UN documents on the establishment of the International Special Tribunal, the application of the practice of the ECHR in cases of compensation for damages in armed conflicts. It is argued that the established mechanism of forced seizure of property rights objects of the russian federation and its residents on the territory of Ukraine will allow to create in the future a Fund for subjects affected by the military aggression of the russian federation and to determine certain and/or additional methods of compensation and/or provision of monetary compensation at the expense of such a Fund