Ukrainians will be able to sue Russia in US courts. What cases can fall under the law: a lawyer explains

21 April 2022, 16:13 | Policy 
фото с Зеркало недели

Draft Law on Sovereignty of Ukraine 2022 registered in the US Congress. It provides for the ability to file a civil lawsuit in any district court in the United States demanding to recover monetary damages from a foreign country.. For physical harm, including death, damage to property or loss of property, caused by such a state as a result of an invasion of another sovereign state in Europe, Sergey Koziakov, candidate of legal sciences, explains in the article.

“Until now, it was and now (before the proposed changes came into effect) it is impossible, because in the United States the law recognizes immunity in relation to the property of other states,” the expert writes..

What cases will be covered by the new law?

Two necessary prerequisites are defined:.

1) when the invasion was committed at the direction of another state, regardless of where exactly the injury, death, damage or loss is recorded;

2) when the invasion was condemned by the UN General Assembly and the relevant resolution or separate resolutions of the two houses of the US Congress.

“These qualifying signs give reason to believe that the large-scale invasion of Russian troops into Ukraine, which began on February 24, 2022, will fall under the new law,” the expert emphasizes..

Finally, another important position provided by the draft law: it will apply to any invasion of a sovereign state that occurred (or will occur) a year before or after the date of entry into force of this law, Koziakov notes..

“Therefore, the proposed law is long-term, in fact, to punish any aggressor states and to protect all victims of aggression in Europe,” the expert adds..

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For more information about the fact that the bill “The Law on the Sovereignty of Ukraine 2022” has been registered in the US Congress, read the article by Sergey Kozyakov “Will Ukraine Get the Russian Assets Frozen by America”?

Источник: Зеркало недели