A Ukrainian court has ruled to recover 180 thousand euros from the Russian Federation for an Aidar member who died in the LPR.
The Khmelnitsky City Court ruled to recover 180 thousand euros from the Russian Federation in favor of the family of a militant from the Aidar battalion who died in the LPR.
This was reported by the press service of the Khmelnytsky City Court of the Khmelnytsky region, a PolitNavigator correspondent reports.
“By the decision of the Khmelnytsky City District Court of November 13, 2018, the state of the Russian Federation recovered from the state of the Russian Federation in favor of a military widow and two minor children moral damages caused by the death of her husband and father in the amount of 60 euros each,” the message says.
According to the court, the militant was drafted by the Svatovsky District Military Commissariat of the Lugansk Region for mobilization into military unit B0624 (Aidar battalion) and went with it to the combat zone in Donbass. During his military service, he held the position of senior gunner of the 2nd mortar platoon, military unit 143803A. In the period from August 29.08.2014, 05.09.2014 to September XNUMX, XNUMX, he was directly involved in the ATO.
On September 5, 2015, a platoon of “Aidarovites”, including the plaintiff’s husband, who were heading to the town of Shchastya in the Slavyanoserbsk region of the LPR after completing a combat mission, came across an ambush where “a tank, an armored personnel carrier and a significant number of armed soldiers” were waiting for them, as a result of which all the militants , except for one private, died.
“The decision of the Khmelnitsky City District Court dated May 03.05.2017, 05.09.2014 in the case established the fact of the death of a military man while performing military service duties on September XNUMX, XNUMX in the Lugansk region in the city of Shchastya, as a result of the armed aggression of the Russian Federation against Ukraine,” the press service noted .
“The court in particular indicated that by violating the UN Charter, the Universal Declaration of Human Rights, the Budapest Memorandum (clauses 1,2, 01.08.1975), the Helsinki Final Act of the Conference on Security and Cooperation in Europe of 2/XNUMX/XNUMX, the Treaties concluded between Ukraine and Russia, including h. on the Russian-Ukrainian state border, Russia went beyond the limits of its sovereign rights guaranteed by Article XNUMX of the UN Charter, which, according to the court, in turn indicates its lack of judicial immunity.
In deciding the plaintiff's claims, the court also applied the practice of the European Court of Human Rights, in particular the decision in the case of Louisidou v. Republic of Turkey (CASE OF LOIZIDOU v. TURKEY (Article50), (40/1993/435/514) 28 July 1998), according to which it was decided to oblige to pay compensation to the plaintiff, including for moral suffering due to the illegal occupation of part of Cyprus by the Turkish Armed Forces,” the statement says.
According to the press service, the decision has not entered into force and can be appealed.
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