Mechanisms for compensation for damage caused by military actions to agricultural land

Abstract

This article examines the mechanisms for compensating for damage caused by military actions to agricultural land. It has been established that current legislation does not adequately address this issue, but rather focuses on compensation for destroyed or damaged property, while either ignoring or only partially regulating the issue of compensation for damage suffered by agricultural land as a result of military actions.

Issues regarding compensation for damage to agricultural land have become particularly relevant because restoring such land requires significant expenses on the part of owners or users, as its use is limited or entirely impossible until such restoration is completed. Separately, questions arise regarding the allocation of liability among the aggressor, the state, owners, or users for damage caused to such land plots.

Taking into account research on specific issues related to the use of agricultural land, compensation for damage caused to destroyed or damaged property, and the development of relevant case law in this area, the chosen research topic is of both academic and practical interest, and the development of appropriate compensation mechanisms requires a balanced and comprehensively justified approach.

The study found that current legislation needs to be improved with regard to the development of mechanisms for compensating for damage caused by military actions to agricultural land. The damage caused can be compensated to the owner or user only after the liberation of the occupied territories where the affected agricultural land plots are located and provided the owner or user has a direct interest in restoring the properties of the affected land plot. Since only after the liberation of the occupied territories or the cessation of active hostilities in the locations of agricultural land plots is it possible to conduct a proper assessment of the damage caused, determine the feasibility of carrying out the relevant restoration, enter the information into the International Register of Damages, and establish a mechanism for compensating the damage caused. The author’s vision of mechanisms for compensating for damage caused by military actions to agricultural land plots is presented.