Procedural Aspects of Determining Civil Jurisdiction in Cases of Compensation for Damage Caused to Life, Health and Property of Individuals by the Russian Federation as a Result of Its Armed Aggression against Ukraine

Authors

  • Oleh Kuzmych

DOI:

https://doi.org/10.15330/apiclu.65.2.24-2.35

Keywords:

civil jurisdiction; substantive civil jurisdiction; subject civil jurisdiction; instance civil jurisdiction; territorial civil jurisdiction

Abstract

The article is devoted to the analysis of procedural aspects of determining civil jurisdiction in cases of compensation for damage caused to life, health and property of individuals by the Russian Federation as a result of its armed aggression against Ukraine. The article defines the concept of civil jurisdiction and its correlation with other, related ones, in particular «competence», «powers», «jurisdiction».
Taking into account the peculiarities of the legal regulation of civil jurisdiction, the peculiarities of consideration of this category of cases in the course of civil proceedings are determined, taking into account its substantive, subjective, instance and territorial components.
In addition, taking into account the types of civil proceedings, the possibility of considering the relevant category of cases within each of them is analyzed.
As a result, it is concluded that cases arising in connection with compensation for damage caused to life, health and property of individuals in connection with the armed aggression of the Russian Federation against Ukraine fall within the competence of courts of civil jurisdiction; are considered in a lawsuit; Due to the specifics of instance and territorial civil jurisdiction, these cases should first be considered by the courts of first instance, which, in accordance with Part 1 of Art. 23 of the Civil Procedure Code of Ukraine (hereinafter referred to as the CPC) are local general courts at the place of permanent residence or temporary stay of plaintiffs registered in accordance with the procedure established by law.

Published

2024-07-16