The Role of the State in Compensation: from Monopoly to Efficiency

Oleh Malinevskyi, Managing Partner at EQUITY, traditionally opened conference and delivered a special report «The Role of the State in Compensation: from Monopoly to Efficiency» at the III Conference on Compensation for Damage Caused by War.

Oleh spoke about the danger of further monopolisation of the field of compensation by the State and called for cooperation among all professionals involved in the field. He also suggested areas and issues where cooperation would facilitate compensation and break the deadlock.

In particular, the partner stressed the need to lobby for legislative changes at the national level, both in Ukraine and in the partner countries, to facilitate litigation in these areas (lifting of state immunity, access to justice for both victims and perpetrators of aggression and expansion of the circle of the latter), to establish mechanisms for financing litigation, including in the public sector, and to expand the geography of available jurisdictions.

The implementation of such a joint plan would significantly revitalise the reparations industry, make existing mechanisms more effective, promote the right of victims to legal self-defence, and serve as an important factor in ending this war and preventing similar aggressions in the future.

The Managing Partner's presentation is available for download in Ukrainian.