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Russia's full-scale aggression against Ukraine has affected every Ukrainian and all spheres of life. The amount of damage caused by Russia as a result of hostilities to the population and business is estimated at more than €500 billion. The amount of damage caused by the actions of the Russian Federation to the environment is more than €71 billion.
Ukrainian courts have also faced a number of difficult legal issues related to the war. The most difficult of these is bringing the aggressor state to justice.
Vitalii Urkevych, Secretary of the Grand Chamber of the Supreme Court, shared this with his foreign colleagues during the dialogue ‘North and South: Judicial Cooperation between the United Kingdom and the Global South’. The discussion took place as part of a series of guest lectures by judges organised by the Global South Network, an international interdisciplinary network for the exchange of knowledge in the social, religious, political, legal and economic spheres.
Vitalii Urkevych noted that in April 2022, the Supreme Court expressed a legal position on the possible disregard by Ukrainian courts of the immunity of the Russian Federation as an aggressor state in cases of compensation for damage caused as a result of armed aggression. Preserving the jurisdictional immunity of the Russian Federation will deprive plaintiffs of effective access to court to protect their rights, which is contrary to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Secretary of the Grand Chamber of the Supreme Court expressed hope that foreign courts would agree with this approach, in particular when deciding on the recognition and enforcement of decisions of Ukrainian courts on the recovery of damages caused by the war.
Regarding judicial independence and protection of the judiciary from external pressure, the speaker emphasised that the approach of the UK Supreme Court to ensuring judicial independence is of utmost importance for the Ukrainian judiciary.
Similarly, one of the priority tasks for Ukrainian courts is to build proper communication with the public and the media. Open communication guarantees the transparency of the national judicial system and builds public trust in the courts.
In conclusion, the Secretary of the Grand Chamber of the Supreme Court stressed the importance of international exchange of experience and joint search for answers to global issues. ‘In today's world, it is cooperation and dialogue that can ensure effective justice and protect the interests of everyone. I believe that working together to build a just society is not only an opportunity, but also our responsibility,' said Mr. Urkevych.