Issue: № 5, 2026
Doi: https://doi.org/10.37634/efp.2026.5.11p
The paper examines the current problems of the Ukrainian system of enforcement of court decisions on compensation for material and moral damage caused to individuals and legal entities, where Russia as the aggressor state is the defendant. It is established that as a result of Russia's full-scale aggression against Ukraine, starting from February 24, 2022, a significant part of the population of the state and business suffered material and moral losses: destruction of housing, infrastructure, loss of property, as well as physical and psycho-emotional injuries, etc. This situation has led to widespread appeals by victims to judicial bodies to recover compensation from the aggressor state. It is determined that today a national practice of satisfying claims of individuals and legal entities for compensation for damage caused by the armed aggression of the Russian Federation is already being formed; and the number of civil cases is over one and a half thousand. It is proven that decisions on compensation for material and moral damage have a problem at the stage of their implementation due to a number of objective problems. At the same time, the lack of an effective mechanism for the enforcement of such decisions creates significant legal and practical problems for the victims. It is concluded that the following prospects for the enforcement of decisions of Ukrainian courts on compensation for material and moral damage to individuals and legal entities caused by the armed aggression of the Russian Federation can be considered: recognition by foreign states of the decision of the Ukrainian court through the application of the procedure for recognition and admission to enforcement on the territory of their state, provided that there is property of the defendant state on its territory; the possibility of enforcing the decision of the Ukrainian court through the application of general procedures for enforcement and joint enforcement proceedings with the participation of the Ministry of Justice of Ukraine; through the application of the International Register of Damages Caused by the Russian Federation's Aggression against Ukraine, which is currently still being created. As an alternative way to protect individuals and legal entities from material and moral damage due to armed aggression, the institution of risk insurance, life and health insurance can be used, which in conditions of martial law acquires particular importance as an effective tool of protection.
Keywords : court decision, enforcement proceedings, execution of court decision, compensation for material and moral damage, material damage, moral damage, judicial practice, martial law, armed aggression, civil proceedings, risk insurance, life and health insurance
References:
1. Enforcement of court decisions on claims against Russia: proposals for solving the problem. Dniester Center, April 24, 2025. URL: https://dc.org.ua/news/vykonannya-rishen-sudiv-za-pozovamy-proty-rosiyi-propozyciyi-schodo-vyrishennya-problemy#:~:text (in Ukrainian).
2. On approval of the Decree of the President of Ukraine "On the extension of the term of martial law in Ukraine: Law of Ukraine No. 4757-IX of January 14, 2026. URL: https://zakon.rada.gov.ua/laws/show/4757-20#Text (in Ukrainian).
3. Blinova H.O. Fixation of property and non-property damage caused as a result of hostilities: procedural, procedural, informational aspects. Legal Scientific Electronic Journal. 2025. No. 3. pp. 700-705. (in Ukrainian).
4. Compensation for Ukraine: models, prospects, challenges. Analytical report / I.M. Horodyskyi et al. Lviv, 2023. 103 p. (in Ukrainian).
5. Mazur M.V., Stefaniv N.S. Compensation for damage caused by the Russian Federation as a result of armed aggression against citizens and legal entities in Ukraine. Supreme Court of Ukraine. 2024. December 23. URL: https://supreme.court.gov.ua/supreme/pokazniki-diyalnosti/navch_suddiv_praciv_aparativ_2021/1725794/ (in Ukrainian).
6. Mudra I.R. Institutional and legal mechanisms of compensation for damage caused as a result of armed aggression: … PhD dissertation. Kyiv, 2025. 241 p. (in Ukrainian).
7. Klymenko S.V. International and foreign practice of compensation for damage for war crimes. Scientific Bulletin of the Uzhgorod National University. 2024. pp. 358-364. (in Ukrainian).
8. Diordiai V.I., Fenych Ya.V., Some features of enforcement proceedings during the period of the legal regime of martial law. Scientific Bulletin of the Uzhgorod National University, LAW Series. 2024. Issue 83. Part 3. pp. 317-322. (in Ukrainian).
9. Resolution of the Supreme Court composed of the panel of judges of the Third Judicial Chamber of the Civil Court of Cassation dated April 14, 2022, case No. 308/9708/19, proceedings No. 61-18782св21. Unified State Register of Court Decisions. https://reyestr.court.gov.ua/Review/104086064 (in Ukrainian).
10. Resolution of the Supreme Court composed of the panel of judges of the First Judicial Chamber of the Civil Court of Cassation dated May 18, 2022, case No. 760/17232/20-ts, proceedings No. 61-15925св21. Unified State Register of Court Decisions. URL: https://reyestr.court.gov.ua/Review/104635312?fbclid=IwAR019XLYnBlrZ_evkY1ysERpk_NKSvxSXmiY8OdCDqeNjwxenvQbuCN_eAE (in Ukrainian).
11. In Ukraine, courts ruled that Russia must compensate 386 billion hryvnias to companies from frontline territories. UkrInForm. 10.12.2025. URL: https://www.ukrinform.ua/rubric-economy/4068097-v-ukraini-sudi-uhvalili-so-rosia-mae-vidskoduvati-386-milardiv-kompaniam-iz-prifrontovih-regioniv.html (in Ukrainian).
12. On enforcement proceedings: Law of Ukraine No. 1404-VIII of June 2, 2016 No. 1404-VIII. Bulletin of the Verkhovna Rada (VVR). 2016. No. 30, Art. 542. (in Ukrainian).
13. Civil Code of Ukraine of January 16, 2003 No. 435-IV. Bulletin of the Verkhovna Rada of Ukraine (VVR). 2003. No. 40-44. Art. 356. (in Ukrainian).
14. Civil Procedure Code of Ukraine of March 18, 2004 No. 1618-IV. Bulletin of the Verkhovna Rada of Ukraine (VVR). 2004, No. 40-41, 42, Art. 492. (in Ukrainian).
15. On bodies and persons carrying out compulsory execution of court decisions and decisions of other bodies: Law of Ukraine No. 1403-VIII of June 2, 2016. Bulletin of the Verkhovna Rada (VVR). 2016. No. 29. art. 535. (in Ukrainian).
16. On the basic principles of forced seizure in Ukraine of objects of property of the Russian Federation and its residents: Law of Ukraine No. 2116-IX of March 3, 2022. URL: https://zakon.rada.gov.ua/laws/show/2116-20#top (in Ukrainian).
17. European Convention on State Immunity of 16 May 1972 and its Additional Protocol of 16 May 1972. Basel 16 May 1972, unofficial translation.URL: https://rm.coe.int/1680073139 (in Russian).
18. The UN Convention on Jurisdictional Immunities of States and their Property was adopted by General Assembly Resolution 59/38 of December 2, 2004. URL: https://ips.ligazakon.net/document/MU04277 (in Russian).
19. Mazur M.F. Jurisdictional immunity of the state: international and foreign experience. National School of Judges of Ukraine. 2026. 26 p. URL: https://court.gov.ua/storage/portal/supreme/prezentacii_2024/Prezent_Jurisdikc_imun_mignar_inoz_dosvid.pdf (in Ukrainian).
20. Popko Y.V. Trends in the development of jurisdictional immunity of a foreign state under continental law. Scientific Bulletin of the Uzhhorod National University, Series LAW. 2024. Issue 81. Part 3. pp. 335-345. (in Ukrainian).
21. On amendments to some laws of Ukraine regarding certain features of the organization of compulsory execution of court decisions and decisions of other bodies during martial law: Law of Ukraine No. 3048-IX of April 11, 2023. Bulletin of the Verkhovna Rada (VVR). 2023. No. 68, art. 236. (in Ukrainian).
22. Court against the aggressor country: why it is easier to win the case than to receive compensation from the Russian Federation. Judicial and Legal Newspaper. 2026. January 11. https://sud.ua/uk/news/publication/350477-sud-protiv-strany-agressora-pochemu-vyigrat-delo-legche-chem-poluchit-kompensatsiyu-ot-rf (in Ukrainian).
23. Register of losses for Ukraine: official website. Council of Europe. URL: https://rd4u.coe.int/uk/home (in Ukrainian).