Issues of Compensation for Damages Caused to a Citizen as a Result of Armed Aggression: riminal and Procedural Aspects

Current issues of reparation for damages caused to Ukraine by  Russia armed aggression: a full-scale war, unprecedented (compared  to the Second World War and the rest of the wars of the 21st century)  in scope, cruel in essence, genocidal in purpose, devastating in means  and consequences are considered. One of  consequences of war and  war crimes committed by Russian aggressors starting from February  24, 2022, is massive destruction and damage to housing and other  property of Ukrainian citizens. Within framework of initiated  criminal proceedings, damages are compensated by filing a civil  lawsuit. However, specifics of the grounds of such a lawsuit cause the  occurrence of certain risks for the victim, as well as problems with  law enforcement and the exercise of their powers by investigators and  prosecutors. In particular, difficulties may lie in the impossibility of  inspecting the scene of the incident, which will ultimately negatively  affect the determination of the amount of damage caused (calculation  of the material equivalent of the damage). Determining the amount  of damage caused as a result of the destruction or destruction of  housing is also problematic, as it often requires the appointment of  an expert opinion, while the scale of the destruction within the state  makes it impossible to conduct such an expert opinion in a reasonable  time. Attention is focused on the issues of establishing the person who  should be responsible for the claim, or the civil defendant. Possibility  of overcoming the jurisdictional immunity of Russia as a defendant  in the declared civil lawsuits was also considered. Conducted  research made it possible to formulate proposals on mechanism of  compensation for the damage caused, as well as on improvement of  current criminal procedural legislation of Ukraine.