赔偿是让俄罗斯对在乌克兰领土上犯下的战争罪行负责的工具

U. Vatamaniuk-Zelinska, Viktoriia Pavlyshyna
{"title":"赔偿是让俄罗斯对在乌克兰领土上犯下的战争罪行负责的工具","authors":"U. Vatamaniuk-Zelinska, Viktoriia Pavlyshyna","doi":"10.37634/efp.2023.7.7","DOIUrl":null,"url":null,"abstract":"Introduction. The actions of the Russian Federation on the territory of Ukraine grossly violate the principles and norms of international law. Taking into account the fact that during the year it was not possible to settle the military conflict diplomatically, that is, based on the observance of the principles and norms of international law and the UN Charter, there is a need to assess the possibilities of Ukraine receiving reparations and to study this instrument of international justice from the point of view of holding the Russian Federation accountable for the military crimes committed on the territory of Ukraine.\nThe purpose of the paper is to study the essence and features of reparations to Ukraine, as a tool to hold the Russian Federation accountable for the purpose of compensation for losses and damages for war crimes committed on the territory of Ukraine.\nResults. It was established that the compensation determined according to the principle of restitution cannot be limited only to the legally defined maximum amount of compensation or to any calculation that does not follow from a strict assessment of damages as a result of the military aggression of the Russian Federation. In the case of loss of life or infliction of bodily harm, torture, sexual violence, the operation of such a principle is problematic due to the fact that these crimes do not have a specific monetary definition. The direct losses of Ukraine, as well as the amount of additional costs for economic recovery and reconstruction, are analyzed, taking into account the perspective of Ukraine's integration into the European Union. The need to develop and implement a legitimate international mechanism that would provide compensation for the damages caused by Russia and be effective despite its categorical refusal to cooperate was argued.\nConclusions. It is suggested that new agreements on reparations be regulated by international agreements. For Ukraine, this model of legal behavior is appropriate, because, thanks to the imposed sanctions, a significant number of assets of the Russian Federation are frozen, being under the control of foreign governments and, in the future, can be used to restore Ukraine as compensation for losses caused by military actions.The results of the study can be used in the process of forming a legal mechanism for compensation for losses, provided that war crimes on the territory of Ukraine are recognized as genocide of the Ukrainian people.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Reparations as a tool for holding the Russia responsible for war crimes committed on the territory of Ukraine\",\"authors\":\"U. Vatamaniuk-Zelinska, Viktoriia Pavlyshyna\",\"doi\":\"10.37634/efp.2023.7.7\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Introduction. The actions of the Russian Federation on the territory of Ukraine grossly violate the principles and norms of international law. Taking into account the fact that during the year it was not possible to settle the military conflict diplomatically, that is, based on the observance of the principles and norms of international law and the UN Charter, there is a need to assess the possibilities of Ukraine receiving reparations and to study this instrument of international justice from the point of view of holding the Russian Federation accountable for the military crimes committed on the territory of Ukraine.\\nThe purpose of the paper is to study the essence and features of reparations to Ukraine, as a tool to hold the Russian Federation accountable for the purpose of compensation for losses and damages for war crimes committed on the territory of Ukraine.\\nResults. It was established that the compensation determined according to the principle of restitution cannot be limited only to the legally defined maximum amount of compensation or to any calculation that does not follow from a strict assessment of damages as a result of the military aggression of the Russian Federation. In the case of loss of life or infliction of bodily harm, torture, sexual violence, the operation of such a principle is problematic due to the fact that these crimes do not have a specific monetary definition. The direct losses of Ukraine, as well as the amount of additional costs for economic recovery and reconstruction, are analyzed, taking into account the perspective of Ukraine's integration into the European Union. The need to develop and implement a legitimate international mechanism that would provide compensation for the damages caused by Russia and be effective despite its categorical refusal to cooperate was argued.\\nConclusions. It is suggested that new agreements on reparations be regulated by international agreements. For Ukraine, this model of legal behavior is appropriate, because, thanks to the imposed sanctions, a significant number of assets of the Russian Federation are frozen, being under the control of foreign governments and, in the future, can be used to restore Ukraine as compensation for losses caused by military actions.The results of the study can be used in the process of forming a legal mechanism for compensation for losses, provided that war crimes on the territory of Ukraine are recognized as genocide of the Ukrainian people.\",\"PeriodicalId\":112155,\"journal\":{\"name\":\"Economics. Finances. Law\",\"volume\":\"22 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-07-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Economics. Finances. Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.37634/efp.2023.7.7\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Economics. Finances. Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37634/efp.2023.7.7","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

介绍。俄罗斯联邦在乌克兰领土上的行动严重违反了国际法的原则和准则。考虑到在这一年中不可能通过外交方式解决军事冲突,即根据遵守国际法和《联合国宪章》的原则和准则,有必要评估乌克兰获得赔偿的可能性,并从要求俄罗斯联邦对在乌克兰境内犯下的军事罪行负责的角度研究这一国际司法文书。本文的目的是研究对乌克兰赔偿的本质和特征,作为一种工具来追究俄罗斯联邦在乌克兰领土上犯下的战争罪行的损失和损害赔偿的责任。已经确定,根据恢复原则确定的赔偿不能仅限于法律规定的最高赔偿数额,也不能限于未经严格评估俄罗斯联邦军事侵略造成的损害的任何计算。在丧失生命或造成身体伤害、酷刑、性暴力的情况下,由于这些罪行没有具体的金钱定义,这种原则的运作是有问题的。考虑到乌克兰加入欧洲联盟的前景,分析了乌克兰的直接损失以及经济恢复和重建的额外费用数额。有必要发展和实施一个合法的国际机制,为俄罗斯造成的损害提供赔偿,并在俄罗斯明确拒绝合作的情况下有效。有人建议,新的赔偿协定应受国际协定的管制。对乌克兰来说,这种合法行为模式是合适的,因为由于实施了制裁,俄罗斯联邦的大量资产被冻结,处于外国政府的控制之下,未来可以用来恢复乌克兰,作为军事行动造成的损失的补偿。这项研究的结果可用于形成赔偿损失的法律机制,条件是承认乌克兰领土上的战争罪行是对乌克兰人民的种族灭绝。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reparations as a tool for holding the Russia responsible for war crimes committed on the territory of Ukraine
Introduction. The actions of the Russian Federation on the territory of Ukraine grossly violate the principles and norms of international law. Taking into account the fact that during the year it was not possible to settle the military conflict diplomatically, that is, based on the observance of the principles and norms of international law and the UN Charter, there is a need to assess the possibilities of Ukraine receiving reparations and to study this instrument of international justice from the point of view of holding the Russian Federation accountable for the military crimes committed on the territory of Ukraine. The purpose of the paper is to study the essence and features of reparations to Ukraine, as a tool to hold the Russian Federation accountable for the purpose of compensation for losses and damages for war crimes committed on the territory of Ukraine. Results. It was established that the compensation determined according to the principle of restitution cannot be limited only to the legally defined maximum amount of compensation or to any calculation that does not follow from a strict assessment of damages as a result of the military aggression of the Russian Federation. In the case of loss of life or infliction of bodily harm, torture, sexual violence, the operation of such a principle is problematic due to the fact that these crimes do not have a specific monetary definition. The direct losses of Ukraine, as well as the amount of additional costs for economic recovery and reconstruction, are analyzed, taking into account the perspective of Ukraine's integration into the European Union. The need to develop and implement a legitimate international mechanism that would provide compensation for the damages caused by Russia and be effective despite its categorical refusal to cooperate was argued. Conclusions. It is suggested that new agreements on reparations be regulated by international agreements. For Ukraine, this model of legal behavior is appropriate, because, thanks to the imposed sanctions, a significant number of assets of the Russian Federation are frozen, being under the control of foreign governments and, in the future, can be used to restore Ukraine as compensation for losses caused by military actions.The results of the study can be used in the process of forming a legal mechanism for compensation for losses, provided that war crimes on the territory of Ukraine are recognized as genocide of the Ukrainian people.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信