1Department of Management and Public Administration, Dmytro Motornyi Tavria State Agrotechnological University, Zaporizhzhia, Ukraine
2Department of Information Technologies, Kyiv National University of Culture and Arts, Kyiv, Ukraine
3Department of Theory and History of State and Law, Uzhhorod National University, Uzhhorod, Ukraine
4Director of the Educational and Scientific Institute of Law and Political Science of the Mykhailo Drahomanov Ukrainian State University, Kyiv, Ukraine
5Department of Branch Law and General Law Disciplines of the Institute of Law and Public Relations, Open International University of Human Development “Ukraine”, Kyiv, Ukraine
6Department of Occupational and Physical Therapy, Lviv State University of Physical Culture and Sport named after Ivan Boberskij, Lviv, Ukraine
The article discusses the issues of holding the Russian Federation accountable for violating international humanitarian law in the context of economic and environmental damage caused to Ukraine during the military invasion. The authors trace historical parallels, from Germany’s payment of reparations after World War II to compensation for damages after Iraq’s invasion of Kuwait. It is emphasized that due to the specifics of modern international law, its norms, for example, the norms of the UN Charter, the charters of other international organizations, the norms of international customs, do not contain specific instructions on the scope and forms of responsibility, but provide for the right to coercion, regulating the conditions and procedure for the application of international law legal sanctions. In other words, in public international law, the concept of “sanctions of a legal norm” is associated not with forms of responsibility, but with coercive measures themselves. The attribution of sanctions to forms of responsibility can be used by the state-offender to justify the refusal to fulfill the obligations arising from its responsibility, citing the fact that it has already incurred responsibility, since sanctioned coercive measures were applied against it. Recognizing that international legal sanctions are the quality of coercive measures themselves, and not forms of responsibility, deprives the offending state of the opportunity to invoke the principle of
⓿ The article is devoted to conceptual analysis of legal consequences to Russian Federation due to the damage caused to Ukrainian economy and ecology by its military intervention.
⓿ The obtained results demonstrated expediency of using the experience of case of Iraqi payment of compensation for the illegal military invasion and occupation of Kuwait in 1990–.1991.
⓿ The practical significance of the study lies in outlining the possibilities of constructing a legal basis for claiming compensation from the Russian Federation for damage caused by the military invasion.
International humanitarian law, UN, Economical, Conflict, Russian-Ukrainian war, Reparations, Sanctions
