UAF serviceman who lost a leg in the war won 15 million UAH in moral compensation from Russia

The Valky District Court of Kharkiv region considered in an open court session a civil case filed by a serviceman against the Russian Federation represented by the Ministry of Justice of the Russian Federation for compensation of moral and property damage caused by armed aggression.

Circumstances of the case

The plaintiff requested compensation from the defendant for moral damage in the amount of 296,573.39 euros (equivalent to 15,000,000 UAH at the NBU exchange rate) and property damage in the amount of 53,383.21 euros (equivalent to 2,700,000 UAH).

The claim stated that due to the armed aggression of the Russian Federation against Ukraine, the plaintiff, as a citizen of Ukraine, directly participated in combat operations to ensure the defense of Ukraine, protect the safety of the population, and the interests of the state. As a result, he sustained severe injuries, including traumatic amputation of the left lower limb at the level of the upper third of the shin.

The defendant's actions caused irreversible consequences that had a devastating impact on the plaintiff's life and health. The plaintiff suffered emotional pain, is constantly in a depressed state, witnessed the death and injury of comrades and civilians, and constantly perceived a real threat to life. Due to the injuries received, he is forced to adapt to new living conditions considering his health status, is limited in professional activities, lost peaceful sleep, experiences apathy, and constant fear for his own life and the lives of his family due to ongoing shelling.

The fact of injuries is confirmed by certificates on the circumstances of trauma (wounds, concussions, mutilations) No. 1450 dated 25.03.2023 and No. 3354 dated 09.07.2023, medical documentation, military medical commission decisions, a sickness certificate, and the establishment of disability group II indefinitely due to injury related to the defense of the Fatherland, with an 80% loss of professional working capacity. The plaintiff was declared unfit for military service and removed from military registration.

Court decision

The Valky District Court of Kharkiv region in case No. 615/525/26 issued a default judgment partially satisfying the claim.

The court ordered the Russian Federation to pay the plaintiff moral damages caused by armed aggression in the amount of 15,000,000 UAH. The claim for property damage was denied.

The court established the fact of armed aggression by the Russian Federation against Ukraine, which does not require proof, and confirmed that the plaintiff received severe injuries while performing military duties during the repulsion of armed aggression.

Regarding moral damages, the court referred to Articles 23 and 1167 of the Civil Code of Ukraine and established the presence of moral damage, the unlawfulness of the defendant's actions, causal link, and guilt. The court took into account the nature of the offense, the depth of physical and emotional suffering, deterioration of abilities, and the requirements of reasonableness and fairness.

The court noted that Article 23 of the Civil Code of Ukraine provides that a person has the right to compensation for moral damage caused by violation of their rights. Moral damage consists of: 1) physical pain and suffering experienced by an individual due to mutilation or other health damage; 2) emotional suffering experienced due to unlawful behavior towards the individual, their family members, or close relatives; 3) emotional suffering caused by destruction or damage to their property; 4) humiliation of honor and dignity of an individual, as well as the business reputation of an individual or legal entity.

The court referred to the legal positions of the Supreme Court, in particular, general approaches to compensation for moral damage caused by a state authority, formulated by the Supreme Court in the ruling dated 10.04.2019 in case No. 464/3789/17, which states that adequate compensation for damage, including moral damage, for human rights violations is one of the effective means of legal protection. Moral damage consists of suffering or humiliation experienced as a result of unlawful actions. Suffering and humiliation are human emotions whose content includes pain, torment, anxiety, fear, worry, stress, disappointment, a sense of injustice, prolonged uncertainty, and other negative experiences. However, not all negative emotions reach the level of suffering or humiliation that cause moral damage. The assessment of this level depends on all circumstances of the case, which indicate the motives of unlawful actions, their intensity, duration, frequency, physical or psychological consequences, and, in some cases, the victim's gender, age, and health condition.

The court was guided by the norms of the Constitution of Ukraine, the Civil Code of Ukraine, the Civil Procedure Code of Ukraine, the Law of Ukraine "On Private International Law," international acts, and the practice of the Supreme Court regarding the absence of judicial immunity of the Russian Federation in cases of compensation for damage from aggression (Supreme Court ruling dated 14.04.2022 in case No. 308/9708/19, Grand Chamber ruling dated 12.05.2022 in case No. 635/6172/17).

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