УДК: 347.51

DOI 10.37566/2707-6849-2025-3(52)-6

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Ihor ALEKSIEIEV,

Research Officer

Research Laboratory for State Building and Law Enforcement at the Educational and Research Institute of Law and Psychology of the National

Academy ofInternalAffairs

Doctor of Philosophy in Law (PhD in Law)

Honoured Lawyer of Ukraine

JOINT AND SEVERAL LIABILITY OF RUSSIAN COMPANIES UNDER RUSSIAN CONTROL FOR THE DAMAGE CAUSED BY RUSSIA'S ARMED AGGRESSION AGAINST UKRAINE

Russia's armed aggression against Ukraine, which began in 2014, has caused and continues to cause substantial economic losses, including loss of, damage to or robbery of businesses; business interruption; disruption of supply chains; loss of control over businesses due to temporary occupation of territories; loss of profits; loss of market position and other types of material losses.

Since 2022, the Supreme Court has expressed a number of legal positions that have allowed/ simplified claims against russia directly by property owners who suffered damage from russia's armed aggression to Ukrainian courts. These legal positions have created prerequisites for Ukrainian courts to issue and enforce a number of judgements on the recovery of damages caused by russia's armed aggression.

At the same time, the current legislation does not contain a direct and unambiguous basis for making claims against state-owned companies of the aggressor state or companies controlled by it for compensation for damage caused by russia's armed aggression against Ukraine.

The study emphasizes the need to implement an explicit norm on the solidarity obligation of state companies of the aggressor state or companies under its control to compensate for the damage caused by the armed aggression of the aggressor state.

Key words: losses, immunity, joint and several liability, damage.

References

Judgment of the Commercial Court of Kyiv dated 22 December 2022 in case No. 910/10517/22. URL: https://reyestr.court.gov.ua/Review/108187407

Judgment of the Commercial Court of Cherkasy Region dated 19 December 2022 in case No. 925/903/22. URL: https://reyestr.court.gov.ua/Review/108025120

Judgment of the Commercial Court of Zaporizhzhia Region dated 02 February 2023 in case No. 908/1100/22 (908/2455/22). URL: https://reyestr.court.gov.ua/Review/108847341

The Doctrine of Veil Piercing in Investment Law. URL: https://jusmundi.com/en/document/ publication/en-corporate-veil-piercing

Resolution of the Supreme Court, composed of a panel of judges of the Commercial Court of Cassation, dated 20 July 2022 in case No. 910/4210/20. URL: https://reyestr.court.gov.ua/ Review/105612017

Judgment of the Commercial Court of Zaporizhzhia Region dated 03 December 2024 in case No. 908/2101/24(908/2218/24). URL: https://reyestr.court.gov.ua/Review/123577949