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Ukrainian Litigation as a Path to Business Damage Compensation Resulting from the Russian Invasion
Over the past two years, significant efforts have been made both internationally and within Ukraine to develop direct mechanisms for compensation.
General mechanisms
Since 2022, there have been five main avenues for seeking damage compensation:
Author: Dariia Zyma, Senior Associate at AGA Partners
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- International Register of Losses
- Ukrainian courts
- Investment arbitration
- Courts of foreign countries
- European Court of Human Rights (ECHR)
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- within the framework of the international compensation mechanism which is still being elaborated.
- As a decision to be recognised and enforced in other jurisdictions.
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- Expert Reports: Obtain expert evaluations, especially for real estate. For movable goods, expert reports can serve as supplementary evidence.
- Criminal investigation: File an official application to receive an Excerpt from the Unified State Register of Pre-Trial Investigations. Ukrainian courts see the opening of the criminal procedure as a mandatory step before the claim.
- Evidence of Damages by Russia: establish a clear link between the damages and actions taken by Russia. There should be direct evidence showing that a particular destruction was cause by Russian actions.
- Evidence of Property Location: Provide proof of the property’s location in the occupied territories.
Author: Dariia Zyma, Senior Associate at AGA Partners