Property: Legal issues related to property damaged or lost as a result of armed conflict

Conditions of armed conflict can lead to serious violations of property rights, including damage or loss of property. Here are some legal issues that may arise in connection with this:

Reparations: Many jurisdictions have laws guaranteeing the right to reparations for material and non-pecuniary damage caused as a result of armed conflict. The victims have the right to demand compensation from the guilty parties or from the state.

Restitution: In the event of loss or damage to property due to armed conflict, restitution measures may be taken, i.e. the restoration of the legal status that existed before the events of the conflict. This may mean returning the property or compensating its value.

International standards: International humanitarian law has norms governing the protection of civilians and their property during armed conflicts. These norms are contained, in particular, in the Geneva Conventions and their Additional Protocols.

Rights of owners: It is important to ensure that the rights of owners are protected during armed conflict, in particular by taking measures to prevent illegal seizure or damage to property.

Reparations Mechanisms: In countries that have experienced armed conflicts, special mechanisms for reparations may be established, such as funds or programs for victims.

These legal aspects help ensure the protection of property rights and reparations for those affected by armed conflict. However, successful resolution of these issues may depend on access to a fair and efficient justice system.

Reparations and restitution are important legal mechanisms for providing compensation to victims of armed conflict. Let's consider these concepts in more detail:

Reparations: This is the process by which a person who has suffered as a result of an armed conflict is compensated for the material and/or moral damage caused to him. Compensation can be determined by a court decision or by mutual agreement of the parties.

Restitution: This is the process of restoring the legal status that existed before the start of the armed conflict. This may include returning property, restoring rights, or providing compensation for the value of lost property. Restitution aims to restore damaged or lost property.

In the context of armed conflict, compensation and restitution can be difficult tasks due to the extent and complexity of damage and loss. Especially in the context of military operations, it can be difficult to accurately determine and compensate for property damage. There may also be political, economic and legal obstacles to effective restitution.

At the same time, compliance with international humanitarian law, including the Geneva Conventions and their additional protocols, may establish the obligations of the parties to the conflict to protect the property of civilians and provide compensation for the damage caused. It is also important that there is an effective legal system that allows victims to seek reparations and property restoration.

Legal issues related to loss or damage to property as a result of armed conflict include a number of aspects that may be important to affected individuals or organizations:

Protection of property rights: In armed conflict, the protection of property rights can become extremely important. This may include protecting property from destruction, robbery or illegal seizure.

International standards: International humanitarian law establishes norms governing the protection of civilians and their property during armed conflicts. These norms may be contained in the Geneva Conventions and their Additional Protocols.

Compensation: Victims of armed conflict may be entitled to compensation for material and non-pecuniary damage to their property. This can be done through a court process or by agreement of the parties.

Restitution: Restitution involves the restoration of the legal status that existed before the conflict began, including the restoration or compensation of lost property.

Protection of cultural heritage: Armed conflicts can cause serious damage to cultural heritage such as architectural monuments, museums, archives, etc. International conventions, such as the Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954), provide for measures to protect such objects.

International support: In some cases, international organizations or international communities can provide assistance in the restoration and reparation of damage caused by armed conflict.

These aspects are important to ensure the protection of property rights and the implementation of reparations and restitution for victims of armed conflict. Historically, there have been various forms of compensation for damage caused as a result of military actions, such as contributions, reparations, confiscation, restitution, substitution, which were applied in one way or another after the end of armed aggression. Various methods of achieving compensation were also used: through the conclusion of appropriate agreements between the parties to the conflict or with the involvement of other countries, the use of international institutions. The production of this or that compensation mechanism in each case had individual features.

The above, as well as the scale of military actions and material losses, the lack of clarity regarding the possibility of resolving reparation payments by the Russian Federation on the basis of agreements make it necessary to develop new mechanisms for recovering damages from the Russian Federation.

Reimbursement must be made on the basis of an application based on a decision of the Commission for consideration of issues regarding the provision of compensation - a special body to be established by local self-government bodies.

It is assumed that the source of financing compensation should be:

• fund for the restoration of property and destroyed infrastructure of Ukraine in connection with the armed aggression of the Russian Federation;
• international technical and/or repayable or non-repayable financial assistance;
• other sources not prohibited by the legislation of Ukraine.

The main powers of the Fund include: - making decisions on the satisfaction of applications for payment of damage caused by the armed aggression of the Russian Federation; - making decisions about the Fund's participation in international organizations in the field of compensation for damage caused by the armed aggression of the Russian Federation, with subsequent approval of this decision by the Fund's board; - making decisions on attracting funds from the sale of seized property; - determination of the procedure for compensation by the Fund to the victims; - making decisions on compensation for damages to the victims.

Categories of damage that will be compensated by the Fund:

1. Damage caused to the health of the victim, or in case of his death as a result of armed aggression of the Russian Federation. It includes the following compensations: – assistance in connection with temporary incapacity for work until restoration of working capacity or establishment of disability; - one-time assistance in case of permanent disability or death of the victim; - monthly payments in case of partial or total disability, which compensates for the corresponding part of the victim's lost earnings; - payments to the victim during his rehabilitation; - monthly payments to persons entitled to them in the event of the victim's death; - reimbursement of the cost of a complex of ritual services related to the burial of the deceased.

2. Damage caused to the property of an individual as a result of the armed aggression of the Russian Federation. This type of damage includes: - damage for damaged and/or destroyed real estate; – damages for damaged and/or destroyed movable property.

3. Damage caused to an individual who was forced to leave or leave his place of residence (internally displaced person). The legislator not only limited himself to the usual types of compensation, such as moral and material damage, but also paid attention to the losses suffered by internally displaced persons. These persons are entitled, among other things, to the following compensation:

- Travel expenses to the place of stay and back;

- Expenses for housing rent, expenses for communal services, electricity and heat energy.

4. Moral damage. In the legal field, it is quite difficult to justify the amount of moral damage caused. To determine this, it is necessary to take into account many factors, in particular, the depth of psychological suffering, forced changes in usual life, humiliation of honor and dignity. Therefore, according to the legislation, the amount of moral damage must be determined by the court. Therefore, in order to receive compensation for psychological damages from the Fund, it is necessary to first file a lawsuit in court and, based on the results of the case review, send it to the Fund for enforcement.

5. Damage caused to the property of a legal entity, an individual entrepreneur. In this category, damages are calculated taking into account:

- Values ​​of lost, destroyed or damaged property.

 - Lost profit.

 - losses from unpaid goods, works and services provided and consumed in the temporarily occupied territories.

 Although the procedures for all compensation categories are the same, it can be assumed that the compensation procedures may differ depending on the decisions of the fund's board.