Decisions of the European Court of Human Rights in the Context of Compensation for Damage Caused by Military Aggression

Background. The article addresses the study of the practice of the ECtHR in the context of compensation for damage caused by military aggression, which is important for determining the future strategy of Ukraine in the process of ensuring compensation for the damage caused. Methods. Formal-dogmatic, systematic and comparative-legal methods were used in the research, the basis of the research was the method of systemic analysis. Results. Some decisions of the ECHR based on the statements of victims in the Turkish-Cypriot, russian-Georgian confrontations were analyzed and the effectiveness of such method of protection as an appeal to the ECHR for compensation for damage caused by military aggression was determined. The possibility of Ukraine and other affected individuals and legal entities applying to the ECHR, taking into account the exclusion of the russian Federation from the Council of Europe on September 16, 2022, was assessed. A review and analysis of 40 decisions of the ECtHR related to military aggression was carried out, which is the basis for building the position of the injured party when applying for the protection of violated rights, since after the end of the war the most urgent issue will be the reconstruction of infrastructure, compensation for family members of the dead, wounded, prisoners of war, and other afflicted victims morally or physically together with financing the further development of Ukraine. The methods of influencing the Cabinet of Ministers of the Council of Europe on the respondent country in order to ensure the implementation of ECtHR decisions are analyzed. Possible options for the development of the events after the satisfaction of the complaints of victims of the russian-Ukrainian war are described. Conclusions. A logical summary of the analyzed topic about two possible ways of obtaining fair and real compensation for damage caused by the military aggression of the russian federation was formed and revealed: voluntary and forced.