Uncompensated Material and Non-Pecuniary Damages

The head of the state does not take adequate measures to restore the housing of Ukrainian citizens who were forced to move from occupied territories or areas where combat operations are conducted, as well as those who have lost their homes and other property due to the occupation.

Many Ukrainian citizens have relatives left in the occupied territories who require assistance and protection, yet the state takes no action to protect them and does not allow family reunions by prohibiting movement across the demarcation line with the occupied territories.

As a result of rights violations, Ukrainian citizens suffer both moral and material damage.

Moral harm is recognized as suffering inflicted on a citizen due to physical or psychological impact, leading to a deterioration or loss of opportunities to engage in their usual habits and desires, worsening relationships with others, and other negative moral consequences.

Compensation for moral harm is made in cases where unlawful actions by state bodies have inflicted moral loss on a citizen, led to the disruption of normal life connections, and required the citizen to make additional efforts to organize their life.

Due to the actions of officials, the rights and freedoms were restricted and violated.

Compensation for moral harm during the period of stay in a country in a de facto state of war and where martial law has been imposed should be based on an amount not less than one minimum wage for each day.

The violations required me to make constant additional efforts to organize my life as a restricted person, impacting my entire future life and disrupting people’s future plans.

Moreover, citizens constantly have to engage in disputes with state representatives, prove their righteousness in courts, and obtain professional legal assistance to restore their rights, although Ukrainian courts, in reality, do not make decisions on adequate compensation for the inflicted moral harm, settling for trivial amounts approximately equivalent to 100 euros, demeaning human dignity.

The violation of the constitutional right to non-discrimination also causes moral pain to many citizens since other categories of Ukrainian citizens can enjoy rights that they cannot.

Additionally, this situation causes emotional distress to the relatives of the person whose rights are violated, who worry for them because the individual has to fight against state bodies in a situation of human rights non-compliance in the country, negatively affecting the psychological state of Ukrainian citizens.

Due to the inability of people to restore their violated rights and the constant threat to their lives, health, and psychological state from ongoing shelling of Ukrainian territory and armed aggression by the armed forces of the Russian Federation, which was effectively a result of the unlawful conduct of state leadership up to the year 2022, this all could lead to more severe consequences at any time.

This causes particular inconvenience, requiring the individual to make additional efforts to organize their life.

06/02/2024

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