The full-scale military aggression of the Russian Federation against Ukraine affected every Ukrainian in one way or another. Someone lost their job, someone was forced to leave their home, someone stopped their economic activity for an indefinite period, and someone generally suffered devastating consequences in the form of destruction or loss of property.
In connection with this, the question of who will be responsible for the material and moral damage caused, and who will act as a defendant in such cases, is increasingly arising, given the fact that Article 76 of the Law "On International Private Law" to foreign states, including among the Russian Federation, granted judicial immunity?
The answer to this question was given by the Supreme Court in the resolutions of 04/14/2022 in case 308/9708/19 and of 05/18/2022 in case No. 760/17232/20-ts, of 06/08/2022 in case No. 490/9551/19, of 06/22/2022 in case No. 311/498/20. In the aforementioned rulings, the Supreme Court concluded that maintaining the judicial immunity of the Russian Federation is incompatible with Ukraine's international legal obligations in the field of combating terrorism. In particular, due to the fact that maintaining the jurisdictional immunity of the Russian Federation will deprive the plaintiffs of effective access to the court to protect their rights, which is incompatible with the provisions of clause 1 of Art. 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms.
The Supreme Court notes that the plaintiffs' appeal to the Ukrainian court is the only reasonably permissible means of protecting the right violated as a result of the armed aggression of the Russian Federation. In addition, the Supreme Court believes that the claimants' right to adequate and effective compensation for damages should be protected, and judicial immunity should not be a barrier to such compensation due to the fact that there are currently no mechanisms or other interstate agreements between Ukraine and Russia regarding compensation for damages to individuals and legal entities caused in connection with the latter's military aggression.
Thus, in the event that you or your company suffered losses in connection with Russia's military aggression, you have the right to file an appropriate claim with a Ukrainian court. Dynasty Law & Investment specialists provide legal support services in court proceedings
Oleksandr Fedorko, Attorney at Dynasty Law & Investment