Will Ukraine compensate damage caused by Donbas conflict?

Author : Roman Komyza

According to the Law on Combating Terrorism, compensation for harm caused to citizens by a terrorist act should be made at the expense of the state budget of Ukraine

21:47, 11 October 2017

Read original article at 112.ua

112 Agency

An interesting precedent, especially in the context of possible prospects for the reintegration of ORDLO we see now in Ukraine. Here's to you a simple scheme, how authorities can hang the burden of reimbursement for "residents of Donbas" on the neck of Ukrainian taxpayers.

In September 2017, the Pechersk District Court of Kyiv decided to satisfy the property claims of a citizen of Ukraine, resident of the Donetsk region to the state of Ukraine as a result of the Donbas conflict, namely:

"To recover from the State of Ukraine in the person of the Cabinet of Ministers of Ukraine, the State Treasury of Ukraine, the Antiterrorist Center under the Security Service of Ukraine, the Ministry of Defense of Ukraine, the Ministry of Internal Affairs of Ukraine, the Main Directorate of the National Guard of Ukraine in his favor, pecuniary damage from the conduct of the anti-terrorist operation in Donbas, in the amount of UAH 1,817,989.16 ... "

"In order to substantiate the claim, the plaintiff noted that in July 2014, in the village of Pisky, Yasinuvatsky district of Donetsk region, Ukrainian military units carried out an anti-terrorist operation, during which the shells damaged his dwelling house with residential building and outbuildings, resulting in a bad condition, requiring of major repairs and impossibility of its use by his family for further residence, and therefore the plaintiff with his family was forced to abandon and currently rent a home in Kyiv Svyatoshinsky district in Kyiv region ...”

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And no matter how strange this situation may seem to some people, but this is the legitimate basis for such compensation. As can be seen from the quotation below, it was written in the norms of the Law of Ukraine "On Combating Terrorism" of 20.03.2003. And now we read this wonderful law:

"Article 19. Compensation for damage caused by a terrorist act.

Compensation for damage caused to citizens by a terrorist act is carried out at the expense of the State Budget of Ukraine in accordance with the law and with subsequent collection of the amount of this reimbursement from the persons who caused the damage in accordance with the procedure established by law ".

But it was an anti-terrorist operation, wasn’t it? Is this the official position of the state of Ukraine? Only the question of who and, above all, how the damage compensated by the state of Ukraine will later be recovered remains unanswered. And given the specifics of the current moment, I'll tell you how it will be: from no one and in no way. Yes, and on such a scale, it would be almost impossible to do this.

And now imagine what amount of money will lay as additional burden on the state budget, which means - on every Ukrainian, if this precedent goes "in circulation".

With an average claim price of 1 - 1.5 million hryvnia (near 40 thousand dollars) and taking, for example, only 100 thousand victims, we get a sum of $ 4 billion.

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