Kristina Shapovalova, counsel at ETERNA LAW, who specialises in compensation for damages caused by the war, told this in a comment to hromadske.
She noted that the number of positive court decisions on compensation for material and moral damage to Ukrainians made against russia is growing.
The Supreme Court’s conclusions in the spring of 2022 that russia is the proper defendant in claims of this category became the basis for holding russia property liable for the damage caused in Ukrainian courts, Shapovalova said.
“After the judgement enters into force, an enforcement document is obtained, which could be immediately enforced. However, Ukraine currently does not have enough russian assets to enforce all court decisions against the aggressor state,” the lawyer said.
She added that in such circumstances, one can count on the enforcement of the decision abroad. However, an enforcement document alone is not enough. It is necessary to apply to a foreign court for recognition and permission to enforce the judgement in the country where it is planned to do so.
Kristina Shapovalova noted that there is a legal basis for the recognition of Ukrainian court decisions against russia abroad. This includes a simplified procedure, existing international conventions and bilateral agreements with a number of countries where russian assets are located.
“However, to get real money, we need the political will of the partner states to execute on their territories,” she stressed.
Source: Hromadske
