Case: aimed to recover from the Russian Federation, represented by the Ministry of Foreign Affairs of the Russian Federation, in favor of the State of Ukraine, to the State Budget of Ukraine, the damage caused to the environment of the Kamianska Sich National Nature Park as a result of the armed aggression in the amount of UAH 4,921,190,250. 15 kop.
Region: Ukraine, Kherson region.
The essence of the case:
On February 24, 2022, the Russian Federation launched a full-scale military invasion of Ukraine, which is still ongoing.
The entire territory of Ukraine, without exception, suffers from rocket and artillery shelling, including the objects of the nature reserve fund. One of these sites is the Kamianska Sich National Nature Park (NNP) located in the Kherson region. The Kamianska Sich NNP has been repeatedly shelled and part of the territory is under occupation, resulting in environmental damage worth UAH 4,921,190,250. 15 (four billion nine hundred and twenty-one million one hundred and ninety thousand two hundred and fifty hryvnias and 15 kop.).
EPL filed this lawsuit with the purpose to ensure compensation for the above-mentioned damage caused to the Ukrainian people as a result of the full-scale invasion of the Russian Federation into the territory of Ukraine and violation of environmental legislation.
Parties:
Plaintiff – International Charitable Organization “Environment-People-Law”, Defendant – Russian Federation represented by the Ministry of Foreign Affairs of the Russian Federation, third parties without independent claims on the side of the Plaintiff – Kamianska Sich National Nature Park, State Environmental Inspectorate (SEI) of the Southern District (Zaporizhzhia and Kherson regions), the Ministry of Justice of Ukraine, third parties without independent claims on the side of the Defendant – the Ministry of Justice of the Russian Federation.
The problem and key facts:
During the period of martial law, from February 24, 2022 until now, the Kamianska Sich National Nature Park has been repeatedly shelled, and from March 09, 2022 to November 09, 2022, part of the territory was under occupation, resulting in damage to the unique nature of the park.
On November 14, 2022, the UN General Assembly adopted a resolution on Russia’s reparations for damage caused to Ukraine, which states that Russia must compensate for the damage caused by its armed aggression against Ukraine.
On October 13, 2022, the Ministry of Environmental Protection and Natural Resources of Ukraine adopted Order No. 424, by which it approved the Methodology for Determining Damage and Losses Caused to the Territories and Objects of the Nature Reserve Fund as a Result of the Armed Aggression of the Russian Federation (hereinafter – the Methodology for Determining Damage to the NRF).
Clause 3 of the Methodology for Determining the Damage to the NRF establishes that the determination of the extent and scope of damage and losses caused to protected areas by the armed aggression of the Russian Federation is carried out in order to: assess national and sectoral restoration costs; determine the amount of compensation to the state for damage to the environment and the national heritage of the state to which the protected area belongs; and file to courts, including international courts, appropriate lawsuits for compensation.
Pursuant to Article 13 of the Constitution of Ukraine, land, its subsoil, atmospheric air, water and other natural resources located within the territory of Ukraine, natural resources of its continental shelf, exclusive (maritime) economic zone are the objects of property rights of the Ukrainian people. On behalf of the Ukrainian people, the rights of the owner are exercised by state authorities and local self-government bodies within the limits determined by this Constitution.
Pursuant to Article 22 of the Civil Code of Ukraine, a person who has suffered damages as a result of a violation of his or her civil right is entitled to compensation. Damages shall be compensated in full, unless a contract or law provides for compensation in a smaller or larger amount.
Therefore, the Ukrainian people have the legal right to demand compensation for the damage caused, and such damage must be compensated by the Russian Federation to the state of Ukraine in full.
In order to determine the damage caused to the environment in the Kherson region, on 23.03.2023, the Head of the Kherson Regional Military Administration adopted the Order No. 129 “On the Commission for Determining the Environmental Damage Caused by the Emergency and/or Armed Aggression and Hostilities during Martial Law in the Kherson Region” (hereinafter – the Commission).
On September 15 and 26, 2023, the Commission established the facts of damage and losses to the territories and facilities of the Kamianska Sich National Nature Park as a result of the armed aggression of the Russian Federation, which was recorded in the inspection reports.
Through adoption of the acts above, the Commission obliged the State Environmental Inspectorate of the Southern District (Zaporizhzhia and Kherson regions) to calculate the damage caused to the Kamianska Sich National Nature Park as a result of the armed aggression of the Russian Federation.
According to the response of the SEI of the Southern District dated 20.11.23 No. 4498/04/2-05/06/2-34, the total amount of damage caused to the Kamianska Sich National Nature Park as a result of the armed aggression of the Russian Federation is UAH 4,921,190,250. 15 kop. (four billion nine hundred and twenty-one million one hundred and ninety thousand two hundred and fifty hryvnias 15 kop.).
EPL believes that this damage should be compensated by the Russian Federation to the Ukrainian people in full and has filed a corresponding lawsuit to the court.
More details in Ukrainian can be found here.
