During the opening session, participants discussed key international legal instruments for compensating the damages suffered by Ukraine as a result of the armed aggression by russia. The discussion focused on the issues of the jurisdictional immunity of the aggressor state and possible mechanisms for overcoming it, the establishment of a Special Tribunal to investigate the crime of aggression, as well as Ukraine’s involvement in the global compensation mechanism.
Oleh Valendiuk, Managing Partner at Benchers Law Firm, emphasised that this conference brings together professionals for the fourth time to discuss one of the most pressing legal challenges faced by Ukraine, its citizens, and businesses because of russia’s brutal aggression. “After the initial hopes for a swift end to the war and a return to peaceful life, we have come to face not only the need to hold perpetrators accountable but also to ensure fair compensation for the damage caused,” he noted.
Mr Valendiuk highlighted the scale of the tragedy: tens of thousands of families have lost their loved ones, hundreds of thousands of residential buildings have been destroyed, millions of Ukrainians have been forced to leave their homes, and key sectors of the economy and infrastructure have suffered enormous losses. In his view, the issue of compensation cannot be resolved in isolation — it requires coordinated efforts by national institutions and the international community and must encompass legal, political, and economic dimensions.
The participants discussed the prospects for Ukrainian citizens and businesses to receive compensation, the mechanisms for enforcing the decisions of the Compensation Commission, and the position of the G7 countries regarding the use of profits from frozen russian assets. They also addressed the functioning of the international Register of Damage (RD4U), the process of assessing losses and verifying claims for compensation, as well as the issue of war risk insurance — both within state initiatives and private programmes.
Olha Shapovalova, Partner at Benchers Law Firm, took part in the session dedicated to war crimes in the context of criminal justice.
In her speech, she focused on protecting the rights of individuals affected by war crimes and on issues related to representing their interests.
Olha Shapovalova shared the personal story of a person who suffered from russian aggression. She emphasised that those whose property has been damaged by hostilities must demonstrate strong legal awareness and perseverance, as the process of defending their rights requires considerable effort and thorough preparation.
She also drew attention to the critical issue of the lack of adequate awareness among victims regarding the steps they need to take to document their losses and claim compensation. In particular, Ms Shapovalova stressed that many residents of damaged homes are unaware that they must report the incident to law enforcement authorities in order to record the crime — a factor that may contribute to a high level of underreported war crimes.
Another challenge concerns individuals who are the de facto owners of property but, for various reasons, have not yet formalised their ownership rights. This complicates the submission of applications for compensation as well as to the Register of Damage, since the Diia application requires proof of ownership.
Olha Shapovalova emphasised the need to establish clear tools and action algorithms for such cases. She also highlighted the challenges in the legal qualification of crimes committed because of russian aggression. When filing a complaint regarding a war crime that has caused damage to citizens’ property, it must be submitted to the National Police — yet it may be classified as a property offence, even though it is evident that the damage was caused by hostilities. In her view, Ukraine’s current criminal procedural legislation does not consider the specific nature of war crimes. The speaker called for amendments to the Criminal Procedure Code, including the introduction of a separate chapter dedicated to the peculiarities of proceedings concerning crimes against peace, humanity, and international legal order. Ms Shapovalova also stressed the importance of significantly simplifying the procedures for victims’ access to justice, including through the broader use of remote court hearings.
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