Judicial immunity of foreign states as an element of alternative ways of protecting property rights violated as a result of armed conflict ; Судовий імунітет іноземних держав як елемент альтернативних способів захисту права власності, порушеного внаслідок збройного конфлікту

Russia’s war against Ukraine has created unprecedented obstacles for the protection of property rights of Ukrainian citizens and businesses. The development of effective mechanisms for compensation for damage and restoration of violated property rights became necessary due to the significant destruction of civil infrastructure, residential buildings, industrial facilities and other property as a result of Russia’s armed aggression. The relevance of the presented research is that the existing national and international legal mechanisms are not effective enough to fully protect the property rights of victims. An important problem is overcoming the judicial immunity of the Russian Federation. This is necessary for consideration of damage compensation cases in Ukrainian courts and further enforcement of decisions abroad. It is reasoned that national law alone does not have sufficient legal mechanisms to ensure full protection of the violated right in view of the actual impossibility of enforcing the court decision on the recovery of funds as compensation for the damage caused by the Russian Federation, which entails the impossibility of securing the violated right. In this context, it is necessary to study the mechanisms for the protection of property rights both at the national and international levels. In particular, the possibility of applying the UN Convention on Jurisdictional Immunities of States and their Property should be considered, even if the Russian Federation has not ratified it. This analysis will help find new ways to protect the property rights of citizens and legal entities of Ukraine during military aggression. It was established that effective protection is possible only if national and international law are combined, as evidenced by studies of other strategies for the protection of property rights violated as a result of the armed aggression of the Russian Federation. The position of the Supreme Court regarding the non-application of judicial immunity of the Russian Federation in cases of ...