The Chairman of the Verkhovna Rada of Ukraine Ruslan Stefanchuk emphasized this during his speech at the panel discussion “Atrocity Crimes – russian Narrative and Attempts to Destroy the Right of the Ukrainian People to Exist as a Nation”, which took place within the framework of the conference “United for Justice” in Lviv.
Ruslan Stefanchuk noted that today’s meeting should be another step towards the creation of a fundamental comprehensive compensation mechanism that will ensure Ukraine’s legal victory in the fight against russia. He reminded that on November 14 last year, the UN General Assembly adopted a very powerful resolution, which noted the need to create an international compensation mechanism for compensation.
“The decision was supported by 94 countries. This is a great victory, because this is the first point of reference from which we will move forward,” said the Chairman of the Ukrainian Parliament.
At the same time, he noted that such work should include a comprehensive approach, and the first component of such an approach is its international character, in particular, the conclusion of a multilateral international agreement that will provide for the creation of an international compensation mechanism.
“This Agreement should take into account all types of damage caused to Ukraine and Ukrainians in this unjust war: damage to life, health, property, moral or other property damage; direct and indirect losses, etc. There must be a clear, understandable classification and approach so that Ukraine does not receive recourse claims for compensation for these losses later,” explained Ruslan Stefanchuk.
The second important block, according to him, is the creation of three main components of the international compensation mechanism.
“It will be difficult for us to move forward without a single transparent Register of Damages to Ukraine. It is also very important to form a Compensation Commission, a body that will decide on the verification of these losses and consent to their compensation. The third component is the creation of a compensation fund, where the frozen assets of the russian federation will be transferred,” the Chairman of the Parliament of Ukraine listed.
At the same time, he emphasized that when forming the last component, it is necessary to realize the problems that may arise.
“The first is the sources of filling the Fund. In addition, it is very important to harmonize the norms of international and national legislation to avoid a situation of double compensation and the impossibility of collecting compensation due to contradictions between laws. We also need to clearly understand what to do in case of a shortage of funds in the Fund,” the Chairman of the Verkhovna Rada of Ukraine emphasized.
Ruslan Stefanchuk also focused on the work of the Parliament of Ukraine in regulating national legislation to compensate for the damage caused.
“It is important that state compensation for damage is possible only if there are sources of funding. Changes to Ukraine’s legislation on sanctions are important here. We already have the possibility of collecting assets of persons subject to sanctions into the state's revenue. And we already have a practice of applying it, in particular, 12 relevant decisions have been made. This is just the beginning, but it is a good example of how to act at the national level,” said Ruslan Stefanchuk.
He also emphasized the problems in the issue of compensation for damage caused by the aggressor, which the Parliament will work on in the near future: the lack of substantive law that would establish the responsibility of the russian federation for all damage; changes in the legislation on private international law, in particular the article providing for the immunity of the russian federation from persecution, which is absolutely unacceptable in the context of the war with russia; the issue of standardization and methodology for calculating the damage caused by the russian federation, etc.
“Building a legal ‘labyrinth’ of compensation for damage caused by the aggressor should be the No. 1 task for lawyers today. We need a clear, understandable mechanism, after which we will not have to worry about decisions made by the state, which should be final. The purpose of such decisions is the final “check” for this war, which putin should receive, and russia should pay it,” the Chairman of the Verkhovna Rada of Ukraine emphasized in his speech.