20 September 2022, Tuesday, 15:58 541

Justice Ministry Preparing Draft UN Resolution To Confiscate Russian Assets

Редактор: Daria Zubkova

The Ministry of Justice is preparing a draft UN resolution to confiscate Russia's assets and is working on other mechanisms to compensate for damages caused to Ukraine as a result of the Russian invasion.

Ukrainian News Agency was informed about this by the Ministry of Justice.

"Currently, one of the urgent areas of activity of the Ministry of Justice of Ukraine is participation in the creation and global promotion of an international compensation mechanism for damages caused as a result of the armed aggression of the Russian Federation against Ukraine. The Decree of the President of Ukraine dated May 18, 2022 No. 346/2022 established a working group for the development and implementation of international - legal mechanisms for compensation for damage caused to Ukraine as a result of the armed aggression of the Russian Federation, which included representatives of the authorities, in particular representatives of the Ministry of Justice, lawyers and experts in international law," the Ministry of Justice reported.

The main task of the working group is the issue of developing an international legal mechanism and its implementation, based on the norms of international law and UN practice on conflict resolution.

It is assumed that such a compensation mechanism will be based on an international agreement, and will also be supported by a resolution of the UN General Assembly and relevant acts and resolutions of the Council of Europe, the European Union, and other international organizations, which will also strengthen the legal basis for the creation and implementation of a compensation mechanism.

As noted in the Ministry of Justice, the compensation mechanism will provide for the creation of a Compensation Commission, specially appointed to consider claims for compensation for damages caused by the aggression of the Russian Federation on the territory of Ukraine, a Compensation Fund, from which compensation will be paid, and an effective mechanism for the implementation of decisions made by the Compensation Commission.

"Work on the introduction of a full-fledged compensation mechanism is being carried out in all possible directions, despite the existence of problematic issues. The creation of a Compensation Commission for Ukraine would provide an opportunity to consider applications from individuals, legal entities and the state for compensation for damage caused by the Russian invasion of Ukraine. Currently, the Ministry of Justice is conducting active work with international organizations, representatives of permanent missions of foreign countries in international organizations, including the UN, representatives of European Union bodies and governments of individual countries, experts and high-ranking officials regarding the implementation of the international legal mechanism and its elements at the international and national levels of the interested states," the authority noted.

In particular, separate work is underway on the need to adopt a resolution of the UN General Assembly, the draft of which is currently being worked on, and which will provide an additional legal basis for the further creation of a special confiscation mechanism, as well as on the recognition or establishment of Russia's responsibility for violating the relevant provisions of international law and its obligations regarding the payment of reparations.

Regarding the presentation of the resolution at the UN, namely: the date, time and person who will present this document on behalf of Ukraine, the Ministry of Justice reported that the mentioned issues are at the stage of discussion.

As Ukrainian News Agency earlier reported, Chairman of the Verkhovna Rada Ruslan Stefanchuk said that in the event of Russia's refusal to pay reparations, all damages will be covered by Russian property in Ukraine.

Minister of Justice Denys Maliuska believes that the easiest way to confiscate Russia's assets is confiscation of property in connection with martial law, but he obliges to compensate for their value.

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