Russia does not have judicial immunity in cases of causing damage to citizens of Ukraine on the territory of the Ukrainian state. Consequently, Ukrainians can sue Russia in Ukrainian courts regarding the damage caused without any additional conditions, according to the decision of the Civil Court of Cassation within the Supreme Court of April 14, 2022 in case No. 308/9708/19.

In this case, the plaintiff filed a lawsuit against the Russian Federation for compensation for non-pecuniary damage caused to her and her children in connection with the death of her husband and the father of her children as a result of the armed aggression of the Russian Federation on the territory of Ukraine.

The court of first instance dismissed the claim.

The Court of Appeal decided to send a request to the Russian Embassy for consent or disagreement on the consideration of the specified civil case by the Ukrainian court.

At the same time, as a result of the cassation review of the case in the Cassation Civil Court, the Supreme Court came to the following conclusions.

The Law of Ukraine " That is, there must be the consent of the competent authorities of the relevant state to involve him in the case in the national court, in this case - Ukraine.

At the same time, the European Convention on State Immunities, adopted by the Council of Europe on May 16, 1972, and the UN Convention on Jurisdictional Immunities of States and Their Property, adopted by UN General Assembly resolution 59/38 on December 2, 2004, provide that a state does not have the right.

the damage was wholly or partly caused in the territory of the State of the forum.

the person who caused the harm was at that time in the territory of the State of the forum.

Thus, given that since 2014 the Russian Federation has launched an armed aggression against Ukraine and continues to do so at the moment, the country of the aggressor is not subject to judicial immunity in cases of causing damage on the territory of Ukraine.

In addition, in connection with the full-scale invasion of the Russian Federation into the territory of Ukraine on February 24, 2022, Ukraine severed diplomatic relations with Russia, which makes it impossible from that date to send various requests and letters to the Russian Embassy in Ukraine, taking into account the termination of its work on the territory of Ukraine.

Consequently, after the start of the war in Ukraine since 2014, the court of Ukraine, considering a case where the Russian Federation is identified as the defendant, has the right to ignore the immunity of this country and consider cases on compensation for damage caused to an individual as a result of the armed aggression of the Russian Federation, in a lawsuit filed against this country.. No consent of the competent authorities of Russia is required for consideration of such a case..

Recall, according to the Decree of the Verkhovna Rada of Ukraine dated April 14, 2022, the actions of the Armed Forces, the political and military leadership of Russia during the armed aggression against Ukraine, which began on February 24, 2022, are recognized as genocide of the Ukrainian people.