Confiscation of russian assets for the restoration of Ukraine: legal problems of implementation

The article analyzes the legal aspects of the possibilities of paying reparations and confiscation of Russian assets as one of the sources of financing Ukraine’s recovery after the large-scale destruction caused by the armed aggression of the Russian Federation. The main focus is on the analysis of international legal norms governing the confiscation of property of foreign states and their citizens, as well as the possibilities of adapting existing legal practice to the challenges faced by Ukraine. The article also examines the national legislation of Ukraine, the European Union and other countries that have already imposed sanctions against the Russian Federation and are exploring the possibility of confiscating frozen assets for the purpose of using them in favor of Ukraine to compensate for losses. The paper recalls the historical experience of paying reparations by various countries after both the First and Second World Wars, as well as other military conflicts. The article also examines international legal norms governing sanctions and confiscation of property, national legislation of Ukraine and other states, as well as legal mechanisms for the implementation of these measures. The article provides a comprehensive overview of the approaches that Ukraine and its partners are considering to develop legal instruments that will allow the legitimate use of Russian assets to rebuild the destroyed infrastructure and provide assistance to affected citizens. In addition, proposals are being analyzed to create a mechanism that will have the legal right to decide on the confiscation of Russian assets. Particular attention is paid to legal conflicts, challenges related to the implementation of such decisions in the international arena, and issues of property rights protection. The article proposes several possible legal ways to obtain reparations for Ukraine even before the end of the war. These conclusions of the article emphasize the need to harmonize legal mechanisms with international law and the practical need to ensure Ukraine’s access to frozen Russian assets to effectively compensate for the damage caused by the full-scale invasion, thereby ensuring justice.