12:52 19.10.2022

Zelensky authorizes Justice Ministry in intl disputes on recovery of compensation from Russia

2 min read
Zelensky authorizes Justice Ministry in intl disputes on recovery of compensation from Russia

President of Ukraine Volodymyr Zelensky updated Decree No. 581 "On procedure for protecting the rights and interests of Ukraine during the settlement of disputes, consideration of cases involving a foreign entity and Ukraine in foreign jurisdictional agencies" of 2002 to increase the effectiveness of such protection and recovery of compensation from Russia for the war unleashed by it.

"At this stage of work, the issue of competence has become acute, that is, a clear definition of the public agency that will be involved in the implementation of this recovery mechanism and the submission of relevant applications. The presidential decree provides such competence to the Ministry of Justice," Deputy Justice Minister Iryna Mudra told Interfax-Ukraine about new decree of the head of state No. 722 of October 18.

She said the currently existing legal mechanisms for collecting compensation from states present a number of difficulties.

"One of the first obstacles already 'right from the jump' is sovereign jurisdictional immunity and the need for the consent of the respondent state to the jurisdiction of the relevant jurisdictional body," the deputy minister said.

Mudra said that since spring, the issue of developing and creating an appropriate mechanism for recovering damages has been dealt with by a working group created by presidential decree, to which she is a member, which includes representatives of the highest authorities of Ukraine, as well as foreign and Ukrainian experts in the international law.

The deputy minister said that every day the war unleashed by Russia is causing more and more destruction, and the losses inflicted on Ukraine are growing, and only as of the beginning of summer 2022, incurred along with the costs necessary for restoration, they were estimated at $750 billion.

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