Civil substantive and procedural legal means of securing reparations for Ukraine

Keywords: transitional justice, reconciliation, means of protection, civil liability, civil proceedings, reparations, legal immunities, amnesties.


The subject of the study is the forms of reparations for damage and the procedural means of obtaining them within the institutions which constitute transitional justice and which should comply with international standards. The purpose of the article is to determine the directions for institutional changes in the procedure and peculiarities of compensation for damage caused to individuals by the armed aggression of the russian federation, primarily in national courts in the context of legal institutions of transitional justice. To obtain the results of the study, the author used general scientific and special legal methods, in particular, analysis, generalisation, and comparative legal analysis.

The conditions for balanced fulfilment of transitional justice tasks in the context of fair reparations for victims have been investigated. The legal means aimed at obtaining reparations for damage caused as a result of armed aggression have been considered. The author identifies the types and role of legal immunities and amnesties as means of reconciliation, their conditions of implementation and application in relation to the effectiveness and availability of reparations for gross human rights violations and war crimes. The forms of reparations that should be guaranteed to victims for the relevant crimes have been investigated.

The results of the study are a new special approach to determining the relationship between substantive and related procedural legal means of transitional justice that may affect reparations at the national level. The role of amnesties and immunities as legal incentives and means of influencing the effectiveness and accessibility of reparations to victims has been identified and generalised. The provisions on ensuring a balanced ratio of private and public interests in the implementation of transitional justice elements have been further developed. The author identifies areas for a balanced combination of legal means and increasing their effectiveness to ensure the goals of transitional justice.

The results of the study can be used in educational, law-making, law interpretation and law enforcement processes, in particular in civil proceedings in Ukraine. Practical significance lies in the possibility of applying the results in determining procedural ways to protect the rights of victims.


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Author Biography

O. G. Bortnik, Kharkiv National University of Internal Affairs

Candidate of Law, Associate Professor,

Department of Civil Law Disciplines.


Blaga, A. B., & Martynenko, O. A. (2019). The concept of transitional justice in Ukraine: introduction to the field of legal science. Law Herald, 4, 30–35.

Zhydkov, V. (2023). Towards transitional justice. Kyiv.

Lutkovska, V. V., & Lukianenko, Zh. V. (2021). Comparative analysis and recommendations to Ukraine regarding reparations and the status of documents issued in the temporarily occupied territory. Council of Europe.

Kryshtanovych, А. (2023, August 23). The Practice of Reparations by International Criminal Courts and its Potential Impact on Compensation for Victims of International Crimes in the Context of the Russian-Ukrainian War.

Zmysla, М. (2022, November 22). National guarantees of compensation for damage caused by violent crimes: legislative review.

Kolisnyk, O. V. (2022). Special procedural features of refund of damage inflicted by the russian federation armed aggression. Juridical Scientific and Electronic Journal, 8, 118–120.

Moisieiev, Yu. O. (2022). Some issues of application of the procedure for compensation of property damage under the conditions of marital law in Ukraine. Juridical Scientific and Electronic Journal, 8, 170–174.

Moffet, L. (2022). Options for compensation for damage caused during the war in Ukraine. Reparations, Responsibility & Victimhood in Transitional Societies.Варіанти-відшкодування-збитків-завданих-під-час-війни-в-Україні-.pdf.

Minchenko, R. М. (2022). The civilistic aspect of transitional justice in Ukraine. Private and Public Law, 3, 27–32.

Filatova-Bilous, N. Yu. (2022). Compensation of damages caused by the violation of the right to home during the military aggression: the problem of determining the categories of claimants. Forum of Law, 1(72), 98–109.

Koroied S. O., Lutska, H. V., & Makhinchuk, V. M. (2022). Problems of compensation for property damage caused by damage to real estate as a result of armed aggression of the Russian Federation. Scientific Journal of Public and Private Law, 1, 41–49.

Medvedieva, M. (2023). Jurisdictional immunities of states in the context of compensation paid by Russia for the damage caused in Ukraine as a result of its armed aggression. Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, 1, 44–52.

Stepanenko, T. V. (2023). Jurisdictional immunity of the state: evolution of the doctrine. Bulletin of Kharkiv National University of Internal Affairs, 2(101), 55–71.

Bortnik, O. H. (2023, May 19). Importance for civil proceedings of the principles of receiving reparations in conditions of transitional justice [Conference presentation abstract]. Scientific and Practical Conference “Problems of civil law and process”, Vinnytsia, Ukraine.

Melnyk, Ya., Parhomenko, P., & Karmazina, К. (2017). Protecting victims of armed conflict and ensuring their access to justice and redress: the civilistic aspect of the right to security. In A. P. Bushchenko, & M. M. Hnatovskyi (Eds), Basic study on the application of transitional justice in Ukraine. RUMES.

Tkalia, О. V. (2006). Legal immunity in the categorical apparatus of jurisprudence. Current Problems of State and Law, 29, 48–54.

Hrushko, M. V. (2021). Transitional justice: international experience and application in Ukraine. In N. V. Mishyna (Ed.), Problems of public and private law. League Press.

Husak, А. P. (2023). Preventive measures of probation regarding juvenile offenders. National Technical University of Ukraine Journal. Political science. Sociology. Law, 2(58), 104–109.

Kishchenko, S. (2020). The truth commission: international experience and realities of Ukraine. Library of the Friedrich-Ebert-Stiftung.

Savelii, S. (Transl.) (2020). Belfast Guidelines on Amnesty and Accountability with Commentary. FOP Kharchenko V. O.

Luzan, T. (2021, June 15). Components of transitional justice. Legal Gazette online.

How to Cite
Bortnik, O. G. (2023) “Civil substantive and procedural legal means of securing reparations for Ukraine”, Bulletin of Kharkiv National University of Internal Affairs, 103(4), pp. 44-59. doi: 10.32631/v.2023.4.04.
Civil Law and Civil Procedure; Family Law; International and Legal Direction in