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A citizen who cannot use his property remaining in the occupied territory has his rights violated, and this violation will not disappear from the fact that this property remains intact.
Candidate of Economic Sciences, Deputy Chairman of the Scientific and Practical Council at the Bar Council of the Kyiv Region, Chairman of the International Charitable Fund “Ukrainian Revival of XXI century”, lawyer Yevheniya Vakulenko .
According to her, people who, for example, left the occupied territory, do not have access to their property that remained there.
Video – at the link https://youtu.be/IRI4KeFDvPA
“That is, a person cannot use or dispose of this property. And the impossibility of using the property (on the part of the citizen – ed.) entails a violation of the norms of both our Ukrainian and international legislation. And in fact, this violation does not disappear from the fact that the property will be whole – because the person cannot use it. That is, her rights have already been violated,” said the lawyer.
According to her, the Russian state should be responsible for this right, because it created such conditions that thousands of citizens lost access to their property.
“The statement of the Russian state and, accordingly, the actions of its combatants, who are in the occupied territories, testify to the fact that this damage is being done intentionally,” Vakulenko said.
She clarified that as a result of the full-scale war with the Russian Federation, all citizens of Ukraine suffered some injuries and losses in one way or another – some directly property, some physical, and some moral.
“We do not have a single person today who would not suffer (from a full-scale war). The only question is the amount of damage caused to each individual citizen of Ukraine,” the lawyer said.
In his turn, lawyer Andrii Volkov expressed the opinion that all subjects who were found to be involved in the aggression of the Russian Federation against Ukraine are guilty of armed aggression and causing harm.
“And accordingly, it is necessary to find or introduce into Ukrainian legislation such a mechanism so that recovery for damage caused to a legal or physical entity of Ukraine as a result of the armed aggression of the Russian Federation applies not only to assets that are titularly owned by Russia, but also to other sub- objects that in one way or another contributed to this aggression by their actions, “he said.
According to Volkov, a specific act should determine the connection of persons with aggressive actions of the Russian Federation, or their facilitation, or direct execution.
As reported, the adviser to the mayor of Mariupol Petro Andryushchenko informed that in Mariupol the Russians damaged 90% of the schools.
Russian lawyers will do everything to prevent compensation from the Russian Federation – a lawyer
When the procedure for collecting compensation from Russia in favor of Ukraine begins at the international level, lawyers who will be hired by the Russian Federation or by campaigns in which the Russian Federation is a beneficiary will do everything to prevent this collection from happening.
Doctor of Law, managing partner of IDC Legal Services, attorney Mykhailo Kocherov stated this during a round table discussion on the topic: “Compensation for damages caused by the military aggression of the Russian Federation: international cooperation of the legal and expert community.”
“Currently, the procedure itself at the international level regarding the recovery of damages has not yet started. And we (we think) that when these processes go abroad, lawyers who will be hired by the Russian Federation or campaigns in which Russia is a beneficiary, or in general businesses that supported military aggression, will do everything so that this penalty is not took place,” he clarified.
For her part, she is a managing partner and CEO, an auditor at AC Crowe Ukraine Olena Potopalska noted that the issue of compensation for damages caused by Russia did not arise on February 24, 2022 – lawyers started talking about this in 2014, when Crimea was already annexed and when hostilities began in Luhansk region and Donetsk region.
According to her, the legislation in Ukraine today is not perfect regarding compensation payment mechanisms.
“But both Ukraine and the European community are taking maximum steps so that in the future Russian assets are not only frozen abroad – so that they are also arrested, can be realized and transferred to Ukraine,” the auditor assured.
Responding to Ukrinform’s questions about the deportation of children to Russia, candidate of economic sciences, deputy head of the scientific and practical council at the Bar Council of the Kyiv region, head of the international charity fund “Ukrainian Revival of the 21st Century”, lawyer Yevgenia Vakulenko informed that the damage was also caused to the parents who were deprived of the opportunity to communicate with their own children, and, in fact, with the children themselves.