A draft law of Ukraine titled “On Amendments to Article 23 of the Civil Code of Ukraine Regarding the Determination of the Amount of Monetary Compensation for Moral Damages Caused by the Armed Aggression of the Russian Federation” has been registered with the Verkhovna Rada of Ukraine.

This draft law is a response to the unprecedented challenges associated with mass human rights violations caused by the Russian Federation’s armed aggression against Ukraine.

Key Provisions

1. Clear legislative enshrinement of the possibility of compensation for moral harm: it is proposed to specify that moral harm caused by the armed aggression of the Russian Federation is subject to compensation.
2. Definition of criteria for assessing the amount of monetary compensation for non-pecuniary damage: The bill adds a provision stating that the amount of monetary compensation for moral harm caused by the Russian Federation’s armed aggression against Ukraine shall be determined by the court, taking into account the circumstances cited by the victim, including, but not limited to:

• the death of close relatives;
• injury to the person or their close relatives;
• the person’s place of residence;
• damage to or destruction of real property;
• rights violated as a result of the armed aggression.

Reasons for the Changes

The need for such changes is driven by several factors:

• the scale of the violations—the Russian Federation’s armed aggression has caused moral harm to millions of Ukrainians, requiring a clear legal mechanism for compensation;
• social justice—the existence of a mechanism for compensating for moral harm is a vital element for citizens who have suffered from the consequences of the Russian Federation’s armed aggression.

Strengths of the bill

• Timeliness—the bill addresses the urgent needs of society in the context of armed aggression;
• Flexibility of the judicial approach – the phrasing “taking into account the circumstances cited by the victim” allows courts to make decisions based on the specific circumstances and nature of the moral harm inflicted.

Weaknesses of the bill

Despite the bill’s importance, it has significant shortcomings.

1. Lack of a specific assessment mechanism: The bill does not propose clear criteria or guidelines for determining the amount of monetary compensation for moral harm. This could lead to subjectivity, inconsistent judicial practice, and varying amounts of monetary compensation for non-pecuniary damage in similar situations.
2. Financial uncertainty: In the absence of an effective mechanism for funding compensation payments, mass lawsuits could place a significant burden on the state budget.
3. Risk of overburdening the judicial system: A large number of lawsuits could lead to delays in case processing and a decline in the quality of judicial decisions.

Conclusions

This draft law is an important step toward protecting the rights and restoring justice for millions of Ukrainians who have suffered from the Russian Federation’s armed aggression. It establishes a legal framework for compensation for non-pecuniary damages, taking into account the specific realities of war. However, to enhance the bill’s effectiveness, it is necessary to:

• clarify the mechanisms for determining the amount of monetary compensation for non-pecuniary damage;
• clearly define the sources of funding for compensation, in particular through international mechanisms for recovering costs from the aggressor.

Without these revisions, the bill risks remaining merely declarative, failing to fully ensure fair compensation for the victims.