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The Ministry of Justice proposes the creation of an international mechanism for obtaining compensation

Photo: investigator.org.ua

Deputy Minister of Justice Irina Mudra said that existing international organizations and state institutions have proven ineffective and incapable of obtaining reparations from the Russian Federation.

Recently, articles have appeared in reputable Western media questioning the practical possibility of recovering significant compensation and reparations from Russia. Researchers are somewhat pessimistic about the possibility of making a decision on reparations at the international level, especially through the UN mechanism. This was discussed in Interfax-Ukraine’s blitz interview with Deputy Minister of Justice Irina Mudra.

“Unfortunately, existing international organizations and state institutions have become ineffective and incapable of receiving reparations from the Russian Federation. Therefore, the lack of effective tools requires the search and use of new forms. and methods of forcing the aggressor to pay compensation.The war in Ukraine already needs to change the basic foundations of international civil rights.Therefore, the main task for the country is to initiate such changes with international partners , ”Mudra said.

He noted that reparations are a type of material liability of a subject of international law for damage caused by an international offense he has committed on another subject of international law, namely, state compensation, under a peace treaty (neutrality). treaty) or other international activities, for damage caused by the state being attacked.

“For example, after the First World War, Germany paid a certain amount of reparations each year. The forms of reparations from Germany to compensate for the damage caused during World War II were defined at the Yalta Conference in 1945. Going back in history, in all cases, reparations were paid for by the state, which was defeated in the war or refused, that is, surrendered, and agreed to pay reparations.But this was done on the basis of international agreements, “said Mudra.

But in Russia, according to him, the situation is completely different: the war is in an active stage; without the consent of the Russian Federation; The Russian Federation is a state that has questioned not only the existence of global security guarantees, but also the existing system of international law per se (as it were).

“Our allies must recognize that the system of public international law cannot meet the challenges of an aggressive war that an aggressor state could start at any time against neighboring sovereign states and live with it, or do the states to pay a high price. for the damage caused But to act for the complete exclusion of such a state from the international arena of relations in principle, “said the deputy minister.

An effective concept involves concluding an international agreement on the creation of a mechanism for compensation for damage caused by Russia’s aggression. The Agreement will create a permanent Commission for the consideration of claims (applications) for damages. The states parties to the treaty block, confiscate and transfer the assets of the Russian Federation to meet the requirements of the Commission. For this, the Asset Fund is created.

The agreement also provides for the implementation of the Commission’s decisions, which should result in the receipt of compensation to claimants.

“We understand that Russia will not voluntarily make compensation or admit its responsibility for the damage caused. The agreement could be the same legal mechanism that establishes the responsibility of the Russian Federation and forces it to pay for the losses. It would be an international instrument in a broad way. recognized in the world, with the help of which the state will have the grounds to take the necessary actions on its territory, including the enactment of appropriate national law, “Mudra said.

We will remind, earlier in the Ministry of Justice they said how they will demand the payment of reparations of Russia. The ministry is creating a new mechanism to compensate for the damage caused by Russia’s armed aggression against Ukraine.

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Source: korrespondent

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