Recovery of damages caused by Russia’s war against Ukraine – Judge of the Grand Chamber of the Supreme Court discusses the case law of the Supreme Court

The case law of the Supreme Court on overcoming the judicial immunity of the Russian Federation, the specifics of considering claims for compensation for damage caused by armed aggression, and the formation of an international compensation mechanism were the key topics of the speech by Judge of the Grand Chamber of the Supreme Court Vitalii Urkevych during a webinar organized by the European Law Institute.

The speaker analyzed international legal approaches to the application of state jurisdictional immunity, referring to the provisions of the 2004 UN Convention on Jurisdictional Immunities of States and Their Property and the 1972 European Convention on State Immunity. He noted that these international instruments reflect the concept of restricted state immunity and provide for cases where a state cannot invoke immunity in disputes concerning compensation for damage caused to a person’s life, health, or property.

Vitalii Urkevych remarked that although Ukraine is not a party to these conventions, their provisions are considered by courts as a codified body of customary norms of international law. At the same time, the practice of international judicial institutions has long proceeded from the need to preserve state immunity even in cases involving serious violations of international humanitarian law.

Outlining the Supreme Court’s approaches to this issue, the judge recalled the case law formed by the Supreme Court following the start of Russian aggression. Thus, according to the resolution of the Civil Cassation Court of the Supreme Court dated April 14, 2022, in case No. 308/9708/19, the aggressor state cannot enjoy judicial immunity in cases concerning compensation for damage caused on the territory of Ukraine. An aggressor state that has grossly violated the sovereignty and territorial integrity of Ukraine cannot expect the legal protection arising from the principle of state immunity.

The speaker paid particular attention to the Supreme Court’s conclusions regarding ensuring the right of access to justice. Under conditions where the Russian Federation denies its own responsibility for armed aggression and does not provide effective mechanisms for protecting violated rights, applying to a Ukrainian court is essentially the only available means of judicial protection for victims.

The speech also covered the main categories of disputes considered by courts in connection with Russia’s armed aggression. In courts of civil jurisdiction, these are cases concerning compensation for material and moral damage caused by the death or injury of people, destruction or loss of property, forced displacement, captivity, as well as other consequences of the war. Commercial courts resolve disputes regarding compensation for losses related to the loss or damage of business entities’ property, vehicles, inventory, production assets, and the inability to exercise corporate rights.

Vitalii Urkevych separately focused on the procedural aspects of considering such cases. In particular, he drew attention to the legal position of the Supreme Court (resolution of the Commercial Cassation Court of the Supreme Court dated April 1, 2025, in case No. 916/293/24), according to which claims for compensation of environmental damage caused to the State of Ukraine as a result of Russia’s aggression must be filed by the state through authorized bodies, and not by public organizations.

The practice regarding the recovery of claims against the property of entities that are actually under the control of the Russian Federation was also analyzed.  As noted, in the case concerning the State Development Corporation “VEB.RF”, the Supreme Court concluded that this entity performs functions inherent to state bodies and is under such significant control of the Russian Federation that its assets may be considered a source for fulfilling the obligations of the aggressor state.

Regarding international compensation mechanisms, the judge recalled that, in the implementation of the UN General Assembly Resolution on ensuring compensation for damage caused by aggression against Ukraine, the Register of Damage for Ukraine (RD4U) was established, operating under the auspices of the Council of Europe. As of May 2026, more than 130,000 claims from individuals had been submitted to the Register. In April 2026, legal entities also gained the opportunity to apply to the Register of Damage.

At the end of his speech, the speaker emphasized the need for Ukraine’s swift ratification of the Convention on the Establishment of an International Compensation Commission for Ukraine. According to its provisions, the Commission will consider claims for compensation of damage, determine the amount of compensation, and make decisions on payments from a special compensation fund.

Vitalii Urkevych’s presentation: https://court.gov.ua/storage/portal/supreme/prezent2026/Prezent_Stiagnen_zbutkiv_war.pdf.