Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 77
Abril
Junio
2023
Recibido el 23/11/22 Aceptado el 15/02/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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Vol. 41, Nº 77 (2023), 126-143
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal aspects of postwar
reconstruction and development of the
state (Ukrainian experience)
DOI: https://doi.org/10.46398/cuestpol.4177.09
Larysa Shevchuk1*
Andrii Dukhnevych2**
Nataliia Karpinska3***
Oksana Starchuk4****
Nataliia Vozniuk5*****
Abstract
The aim of this article was to analyze the legal basis of the
postwar restoration of Ukraine, and to investigate the possible
options, programs and plans for eecting this restoration.
The following methods were used for the detailed study of this
topic: comparative, legal-cognitive, logical-legal, hermeneutic,
statistical, dialectical and formal-legal. The results of the research are the
denition of basic concepts and terms, namely “reparations” and “war”;
clarication of peculiarities of Ukraine’s post-WWII reconstruction;
research and analysis of Ukraine’s post-war programs, strategies and plans
of renewal, and; establishment of peculiarities and payment of reparations
for Ukraine. The legal framework of Ukrainian reconstruction was also
studied. It is concluded that, the integration of all existing opportunities
in the world to assist Ukraine in its post-war reconstruction will facilitate
Ukraine’s accession to various international and European institutions,
including the European Union. Also, the updating of new international
acts regulating assistance to Ukraine and compensation from Russia will
* Candidate in Law Associate Professor of the Department of Civil Law Disciplines Faculty of Law, Lesya
Ukrainian Volyn National University, 13 Volia Avenue, Lutsk city, Volyn region, 43025, Address of
the Faculty of Law: 30 Vynnychenko Street (Building B), Lutsk city, Volyn region, 43025, + 38 (067)
3326449. ORCID ID: https://orcid.org/0000-0002-7667-3872
** Doctor of legal sciences, Head-professor of the Department of civil and juridical Disciplines Faculty
of Law, Lesya Ukrainka Volyn National University, 13 Voli Ave., Lutsk, Ukraine, 43025, 0677472643.
ORCID ID: https://orcid.org/0000-0001-8293-7646
*** Doctor of legal sciences, Associate Professor Professor of the Department of criminal law and procedure,
Faculty of Law, Lesya UkrainkaVolyn National University. ORCID ID: https://orcid.org/0000-0001-
9658-3623
**** Candidate in Law, Associate Professor Department of Civil Law Disciplines, Faculty of Law, Lesya
Ukrainka Volyn National University, University address: 13 Volia Avenue, Lutsk city, Volyn region,
43025 Address of the Faculty of Law: 30 Vynnychenko Street (Building B), Lutsk city, Volyn region.
ORCID ID: https://orcid.org/0000-0003-2816-9951
***** Senior lecturer Department of civil law disciplines, Faculty of Law, Lesya Ukrainka Volyn National
University 13 Voli Ave., Lutsk, Ukraine. ORCID ID: https://orcid.org/0000-0002-6705-0497
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CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 126-143
contribute to the improvement of the international legal framework, which
in some respects has not changed since World War II.
Keywords: right to reparations; restoration of Ukraine; post-war
scenarios; strategic program and projects; war in the 21st
century.
Aspectos jurídicos de la reconstrucción y el desarrollo
del Estado en la posguerra (experiencia ucraniana)
Resumen
El objetivo de este artículo fue analizar la base jurídica de la restauración
de Ucrania en la posguerra, e investigar las posibles opciones, programas
y planes para efectuar esta restauración. Para el estudio detallado de
este tema se han utilizado los siguientes métodos: comparativo, jurídico-
cognitivo, lógico-jurídico, hermenéutico, estadístico, dialéctico y formal-
jurídico. Los resultados de la investigación son la denición de conceptos
y términos básicos, a saber «reparaciones» y «guerra»; la aclaración de
las peculiaridades de la reconstrucción de Ucrania tras la Segunda Guerra
Mundial; la investigación y el análisis de los programas, estrategias y
planes de renovación de Ucrania tras la guerra, y; el establecimiento de las
peculiaridades y el pago de reparaciones para Ucrania. También se estudió
el marco jurídico de la reconstrucción ucraniana. Se concluye que, la
integración de todas las oportunidades existentes en el mundo para ayudar a
Ucrania en su reconstrucción de posguerra facilitará la adhesión de Ucrania
a diversas instituciones internacionales y europeas, incluida la Unión
Europea. Asimismo, la actualización de nuevos actos internacionales que
regulen la asistencia a Ucrania y las indemnizaciones de Rusia contribuirán
a mejorar el marco jurídico internacional, que en algunos aspectos no ha
cambiado desde la Segunda Guerra Mundial.
Palabras clave: derecho a la reparación; restauración de Ucrania;
escenarios de la postguerra; programa y proyectos
estratégicos; guerra en el siglo XXI.
Introduction
Since the twentieth century, in addition to two world wars, armed military
conicts and wars have occurred in the world to this day. The notion of war
is contained in the Geneva Convention of 1949, according to which war is a
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Legal aspects of postwar reconstruction and development of the state (Ukrainian experience)
provoked and organized armed struggle that takes place between states or
groups of states, peoples, or nations in order to seize territories, protect or
assert the dominance of one state over another (Ivanov, 2019).
Russia, by invading Ukraine and starting a full-scale war, has violated
several international legal instruments, such as the United Nations Charter,
which provides for the resolution of any disputes by peaceful means so as
not to threaten international peace, security, and justice (United Nations,
1945).
Despite active hostilities on Ukrainian territory, the Ukrainian
government and other state authorities, as well as international partners
and experts, are already actively working on a plan for the post-war
reconstruction of Ukraine. The world has experienced large-scale postwar
reconstruction of countries after the end of World War II. Thus, Europe
began to recover and rebuild only three years after the end of World War
II. For all three years, the economic viability of European countries was
supported by nancial support from the United States and Canada. But this
aid could not last forever, so the so-called “Marshall Plan” was created, the
main purpose of which was technical and economic aid (Kunz, 1997).
1. Research Problem
The post-war experience of European reconstruction has shown that if a
country’s economy is not rebuilt immediately, but is constantly subsidized,
the latter, as a result, turns out to be much more costly and expensive. It
is to avoid the mistakes of the past that the world community is already
developing a plan, strategy, and program for post-war reconstruction of
Ukraine, not only the economy but also all spheres of life, aected by the
full-scale war, which began on the territory of Ukraine on February 24,
2022. The problem of the research of this article is to nd and develop legal
and legally justied possibilities and ways of post-war reconstruction of
Ukraine.
2. Research Focus
The post-war reconstruction of Ukraine is designed to be a catalyst
for signicant changes in various spheres of life, from the economy to the
social sphere, and also creates opportunities for signicant reforms and the
provision of safe and decent living conditions for the citizens of Ukraine.
It is with the realization of these tasks the study of this topic of the article
is carried out to develop eective mechanisms for the recovery of Ukraine
after the end of hostilities.
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2.1. Research Aim and Research Questions
The purpose of this article is to develop conditions and procedures for
the post-war reconstruction of Ukraine, to clarify and establish the legal
basis on which such reconstruction should be based, as well as to analyze the
possibility of Russia paying damage to Ukraine in the form of reparations as
one of the forms of raising funds for the reconstruction of Ukraine.
The main tasks of the article to be solved within the framework of this
study are:
• to clarify and analyze the specics and conditions of postwar renewal
after World War II;
• researching programs and strategies for Ukraine’s post-war
reconstruction initiated by the Russian Federation;
• elaboration of recommendations and proposals of procedures for
raising funds for Ukraine’s post-war reconstruction, and analysis
of programs already initiated and proposed by the international
community for Ukraine’s reconstruction and development;
• researching the legal framework under which Ukraine’s recovery
should be carried out;
• establishing and clarifying the specics of compensation by the
Russian Federation to Ukraine for damage caused by military
actions as a form of post-war reconstruction.
3. Research Methodology
3.1. General Background
The general background to the topic of this article is that since the end
of World War II there has been a terrible, large-scale, and unreasonable
war in Europe and the world in general, which has caused great loss of life
and destruction. Each war ends and one of the main problems arising in
the post-war period is the restoration and reconstruction of all that was
destroyed and the return to normal living conditions. Therefore, at the state
level in Ukraine and the international level, almost every day the question
of the post-war reconstruction of Ukraine is discussed and solved.
3.2. Instrument and Procedures
A number of methods of scientic knowledge were used to carry out
this study. Thus, the methodological basis of this study consists of general
scientic and special ways of cognition. Dialectical, logical, and formal-legal
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Legal aspects of postwar reconstruction and development of the state (Ukrainian experience)
methods of scientic knowledge were the main means of argumentation of
the obtained results of the study.
Thus, with the help of the dialectical method, the analysis of existing
programs of post-war reconstruction in the world, the procedure of
reconstruction, and their features were carried out. The formal-legal
method was used to establish and analyze the possibility of compensation
from Russia to Ukraine for the damage caused as one of the forms of post-
war reconstruction.
The legal-cognitive method consisted of the use of methods and
techniques of cognition, ideas to achieve the scientic result, and with the
help of this method, it became possible to investigate the legal basis of the
post-war restoration of Ukraine. The historical method helped to investigate
the post-war reconstruction after World War II and what it consisted in and
to adopt this experience for Ukraine. The statistical method allowed us to
estimate approximately the damage caused to Ukraine. The hermeneutical
method helped to interpret the provisions of domestic and foreign scientic
publications used by the author within the framework of this study. The
logical method of scientic knowledge was used to disclose and highlight
the features of the concepts mentioned by the author within this article
(war, reparations) (Agniv, 2018).
The structural-functional method was used to clarify the available
programs initiated by the Ukrainian government and the international
community for the reconstruction of Ukraine. The formal-legal method
of scientic knowledge was used by the author to clarify the features and
purpose of the “Marshall Plan” and the possibility of its creation for Ukraine.
For more eective research of the topic of this article, the systematic
method was also used, with the help of which three stages of this scientic
work were carried out: the post-war reconstruction of countries after World
War II was investigated; proposals were made and existing proposals for the
post-war reconstruction of Ukraine were analyzed; the legal framework was
established and characterized, and conclusions about the reconstruction of
Ukraine after the end of hostilities were drawn.
3.3. Data Analysis
Since military actions have continued on the territory of Ukraine since
2014, but the full-scale war, which began on February 24, 2022, has made
its adjustments not only in the economic, social, humanitarian, and other
spheres but also in the sphere of scientic research. The issue of post-war
reconstruction of Ukraine is studied and researched not only by domestic
scientists but also international ones, trying to nd the formula and the
right solution to the problem of the eective and high-quality program and
strategy of Ukraine’s reconstruction after the war.
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Yes, the issues of post-war reconstruction of Ukraine in one form or
another of scientic research have been studied by a number of scientists,
as well as a signicant number of international politicians, lawyers,
investors, and authorized persons of the Ukrainian authorities are trying to
develop a unied strategy to address the issue of post-war reconstruction
and development of Ukraine.
Boyarchuk and Hartwell (2022) in their work “Plan for Postwar Recovery
of Ukraine Needs Concretization” noted three main issues and directions
of postwar recovery and development of Ukraine, namely: European
integration (implementation of all necessary tasks and reforms); creation
of favorable business environment; institutional strengthening of society.
Bohdan (2022), director of research at the Growford Institute, notes
the key goals of Ukraine’s post-war recovery (restoration of infrastructure,
economy, job creation).
Thomas Grant and Alan Riley, in their study of Ukraine’s reconstruction
and war reparations, noted that there is a need to develop an eective system
of reparations for Ukraine and to create and develop eective programs to
rebuild it after the war (New Lines Institute for Strategy and Policy, 2022).
Scholars have also noted that the way to rebuild Ukraine after the war could
be the transfer of Russian assets to Ukraine.
European Commission President Ursula von der Leyen stated her full
support for Ukraine’s post-war recovery, noting that Ukraine is ghting for
democracy and the common values of the European Union. The EU cannot
match the sacrices that Ukraine endures, but the EU must mobilize all
instruments to meet immediate needs, including housing for internally
displaced persons and repairing critical infrastructure (Von der Leyen,
2022). Also, among world politicians, British Prime Minister Rishi Sunak
has expressed support for Ukraine in its post-war reconstruction.
All of the scholarly writings and expert opinions examined in this article
point to ways and mechanisms of Ukraine’s post-war reconstruction. Yes,
in all of their writings or studies they try to develop ways and directions that
will help Ukraine and the state authorities in its reconstruction.
4. Research Results
Ukraine already has experience full-scale postwar reconstruction after
the horrors of World War II. Thousands of settlements were destroyed,
millions of people were left homeless. Ukraine’s largest metallurgical plants
and industrial facilities (Azovstal, Zaporizhstal, Mariupol Metallurgical
Plant, etc.) were destroyed. At that time, a large part of the population
was left in dire conditions, lacking even the basic necessities of life (food
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Larysa Shevchuk, Andrii Dukhnevych, Nataliia Karpinska, Oksana Starchuk y Nataliia Vozniuk
Legal aspects of postwar reconstruction and development of the state (Ukrainian experience)
and clothing). After the end of World War II, Ukraine (Ukrainian SSR)
became a member of many international organizations (UN, UNESCO,
International Labor Organization), which indicates positive international
cooperation, but Ukraine was completely dependent on Moscow and its
decisions, so in fact, the post-war reconstruction of Ukraine took place
under the protectorate of the same Moscow.
The events that began in 2014, namely the complete occupation by the
Russian Federation of the Autonomous Republic of Crimea and the military
conict and the territory of eastern Ukraine, and later the full-scale war on
the territory of independent and sovereign Ukraine launched by Russia on
February 24, 2022, repeat the horrors of World War II, with the same large-
scale destruction. The policy of terror and destruction on the part of the
Russian Federation requires Ukraine and the world community to develop
a policy, plan, and strategy for the post-war reconstruction of Ukraine.
By early September 2022, the Ukrainian government, the World Bank,
and the European Commission estimate the damage caused to Ukraine by
a full-scale war at approximately 340 billion euros (Von der Leyen, 2022).
It is also noted that every month, until the full end of hostilities on the
territory of Ukraine, the given gure will only grow.
European Commission President Ursula von der Leyen noted that joint
eorts have already begun to restore the de-occupied Ukrainian territories,
but the restoration requires a comprehensive approach and the mobilization
of common resources of the Ukrainian government and international
partners (Von der Leyen, 2022).
By attacking the territory of an independent and sovereign state,
the Russian Federation committed a number of war crimes and acts of
aggression, for which it must be held responsible and compensate Ukraine
for the damage caused. Thus, the UN General Assembly Resolution 3314
(XXIX) provides for the following acts of aggression: invasion or attack
by armed forces of a state on the territory of another state or any military
occupation, however temporary, resulting from such invasion or attack or
any annexation by force of the territory of another state or part thereof;
attack by armed forces of a state on land, sea or air forces or sea and air
eet of another state; the bombing of territory by armed forces of a state
(UN General Assembly Resolution 3314, 1974). The present resolution
establishes international responsibility for acts of aggression.
On April 21, 2022, the President of Ukraine Vladimir Zelensky signed
an order, according to which the National Council on the Recovery of
Ukraine from the Consequences of the War (Decree of The President of
Ukraine №266/2022 “Issues of the National Council on the Recovery of
Ukraine from the Consequences of the War”, 2022) was created. The main
authority of this body is to develop a plan and strategy for the post-war
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reconstruction of Ukraine. The National Council for the Reconstruction
of Ukraine is composed only of representatives of the government and the
Oce of the President.
For the purpose of post-war reconstruction of Ukraine, the state
authorities created a number of special funds, namely:
• Fund for Economic Renewal and Transformation;
• Economic Recovery and Transformation Fund;
• Fund for the Support of the Army;
• Economic Recovery and Transformation Fund;
• Economic Recovery and Transformation Fund.
Also, the European community has created its own fund for the
reconstruction of Ukraine, namely the Fund for the reconstruction of the
energy infrastructure destroyed by the Russian war, which can join all
states that wish to participate in the post-war reconstruction of Ukraine.
Another important event that took place for the post-war reconstruction
of Ukraine was the Ukrainian Reform Conference, which was held in Lugano,
Switzerland, in July 2022. At the end of the Conference, the Declaration on
the post-war reconstruction of Ukraine was adopted, according to which all
the member states of the Conference pledged to support the reconstruction
of Ukraine (Ukrainian Reform Conference, 2022).
At the Conference, Ukraine presented its post-war reconstruction plan,
which included 850 projects for the further reconstruction of Ukraine. This
recovery plan includes the following recovery programs: strengthening
and nancing of defense and security; development of the digital state;
integration into the European Union; energy independence of Ukraine;
restoration of environment and development of green course; improvement
of conditions for business; completion of the restart of the anti-corruption
system; restoration of infrastructure of settlements; (Plan For The Recovery
Of Ukraine, 2022).
The Center for Economic Policy Research has engaged world economists
and experts for Ukraine’s post-war recovery, who have developed an “Essay
on the Recovery of Ukraine”. In this Essay, the experts noted potential
sources of aid for Ukraine’s post-war recovery, as follows:
• Conscated Russian assets. Currently, there is no nal procedure
and decision on the freezing of Russian assets (e.g., assets of the
Russian central bank) and their transfer to Ukraine for post-war
reconstruction, but the transfer of Ukrainian assets should be
radically dierent from the provision of loans or credits.
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Legal aspects of postwar reconstruction and development of the state (Ukrainian experience)
• Bilateral assistance. Many governments around the world have
expressed a desire to assist Ukraine in its post-war reconstruction.
Also, some types of assistance to Ukraine can be provided through
existing agencies such as USAID and SIDA.
• Participation in international institutions. A considerable number
of international institutions, such as the World Bank, the United
Nations, the International Monetary Fund, the European Investment
Bank, and others can provide Ukraine with various kinds of loans
and grants, humanitarian aid, etc. for its post-war reconstruction.
• Private sources of assistance. Individuals, private foundations, or
public organizations that have collected and provided large sums of
money for humanitarian or other purposes to Ukraine during the
war can also participate in the postwar reconstruction of Ukraine.
Ukrainian Prime Minister Denis Schmigal noted during his speech at
the Yalta Conference that the basis of Ukraine’s postwar reconstruction
should be Russian assets, not just the Ukrainian budget and international
aid (Yalta European strategy, 2022).
International law and international acts (General Assembly Resolution
60/147, 2005) enshrine several forms of compensation for war damage
(reparations, restitution, etc.). Therefore, the post-war reconstruction
of Ukraine may take place through the payment of reparations and
contributions to Ukraine by the Russian Federation. War reparations are
payments by one state to another state, after the end of military actions
(war) intended to compensate for damage and injury.
This form of the post-war reconstruction as payments of war reparations
has been used for many centuries and after the end of many wars, especially
after the end of the First and Second World Wars. The most extensive
payment of reparations was after World War II, in which the losing countries
compensated the victors. The last payment of reparations by Germany took
place in 2010.
The payment of war reparations is marked by an agreement concluded
between the belligerents or is paid in accordance with international
acts. However, at this stage of the war between Ukraine and Russia,
any conclusion of peace agreements and treaties is unlikely. Also, the
payment of reparations by Russia is complicated by the fact that Russia is
a permanent member of the United Nations Security Council and has veto
power in it, allowing the Russian Federation to veto a UN order on the issue
of reparations (United Nations, 1945).
Another way for the Russian Federation to compensate Ukraine for
damage that could be brought in for post-war reconstruction could be
the creation of a UN Compensation Commission. This Commission was
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established in 1991 as a subsidiary body of the UN Security Council under
UN Security Council Resolution 687 (Resolution 687, 1991).
The Commission’s primary purpose was to adjudicate claims for
compensation and reparations after Iraq’s invasion of Kuwait (Blank,
2022). However, there is an obstacle to the functioning of the Compensation
Commission for Ukraine, namely the veto power of the Russian Federation.
It would be possible to overcome the veto power by depriving Russia of
such a right in the UN Security Council, which has already been repeatedly
discussed.
On October 25, 2022, a roundtable was held at the European Parliament
where the New Line Institute presented a mechanism under which one
could receive reparations from Russia (New Lines Institute for Strategy and
Policy, 2022).
New Line Institute experts have developed a legally eective mechanism
for Russia to pay reparations to Ukraine as one of the ways to compensate
for the damage caused. The following mechanism is proposed:
1) sign an agreement in which the acts of aggression committed by
Russia on the territory of Ukraine will be recognized in the legal eld;
2) the signed agreement legally establishes the obligation of the Russian
Federation to compensate for the damage caused to Ukraine;
3) after signing the agreement, a special commission and a fund are
created;
4) the procedure of conscation of Russian assets in favor of Ukraine
begins;
5) the specially created commission awards compensation for the
damage caused, and the fund in turn distributes the funds (Grant et
al., 2022).
Shpatakova, Ivanenko, Pohrebytskyi in their study of the post-war
reconstruction of Ukraine developed the concept of the strategy of post-war
reconstruction and development of Ukraine
136
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Legal aspects of postwar reconstruction and development of the state (Ukrainian experience)
Figure No. 01: Concept of the Strategy for Post-War Reconstruction and
Development of Ukraine and Certain Territories of the State
Source: (Shpatakova et al., 2022).
In the process of Ukraine’s post-war reconstruction, attention should be
paid to the experience of countries that underwent post-war reconstruction,
as well as to the various programs provided to such countries by the world
community. The year 1945 marks the end of World War II, the most brutal
and terrible war in the history of the world. With the end of the war,
however, a number of problems arose, foremost among which was the
post-war reconstruction of countries that had suered the damage and
destruction of warfare.
The most famous program of post-war reconstruction was the Marshall
Plan. James Yunker noted that the Marshall Plan was the most rushed
post-war reconstruction program the world had ever seen. The essence of
the plan was the global and extensive reconstruction of Europe after the
devastation caused by World War II. Thus, since the Marshall Plan began,
the United States has provided more than $13 billion in economic aid to
Western European countries for reconstruction and recovery (Yunker,
2021).
However, the “Marshall Plan” was not only about providing goods and
products but also about developing European industries and developing
international cooperation, which was the impetus for a future European
Union. The “Marshall Plan” was also intended to secure European countries
against a possible threat from the Soviet Union.
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Reconstruction of Ukraine after the war can be a good opportunity to
improve both housing infrastructure, cultural monuments, and industrial
and production facilities, and help move to modern planning of public
space, taking into account the historical heritage and modern context.
The post-war renewal of production in Ukraine can take into account the
experience of Japan and Korea. After the Korean War Korea was divided
into two parts: South Korea and North Korea.
South Korea, after the war, was forced to invest heavily in technology
and science and refocus the country on exports. However, the United States
developed recovery programs for South Korea and helped it recover both
economically and restore industry (Seth, 2013). The situation was similar
in Japan where after the end of World War II Japan was a lost country with
widespread devastation. The United States took control and protectorate
of Japan’s recovery with numerous reforms, fought the oligarchs, and
improved and developed the free market in Japan (Flath, 2022).
Many countries, each on their own, have taken the initiative to
participate in the post-war reconstruction of Ukraine. Thus, for example, in
a joint letter of the President of Ukraine and the President of the Republic of
Lithuania Gitanas Nausieda declared that Lithuania conrms and is ready
to take an active part in the reconstruction of Ukraine and will provide
Ukraine with all kinds of necessary assistance on a permanent basis (Joint
statement of the President of Ukraine Volodymyr Zelenskyi and President
of the Republic of Lithuania Gitanas Nausieda, 2022).
Also, Poland, Germany, Italy, Great Britain, the United States, Denmark,
Sweden, Spain, France, etc. declared their readiness to participate in the
post-war reconstruction of Ukraine. About 1,200 Polish companies have
expressed their willingness to participate in the reconstruction of Ukraine.
5. Discussion
Ukraine’s postwar reconstruction should be based on the involvement
of civil society, independent experts and institutions, local communities
and municipalities, and the international community in rebuilding Ukraine
after the war.
Many European leaders are calling for Ukraine to develop its own
“Marshall Plan” for post-war reconstruction. One of the initiators of
the development of Ukraine’s own “Marshall Plan” is Chancellor Olaf
Scholz of Germany. Thus, in his statement before his speech at the G7
Summit in Elmau, he noted that Ukraine needs an eective plan for post-
war reconstruction, including the “Marshall Plan,” because Ukraine’s
reconstruction is a task for a generation (Toms, 2022).
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The involvement of Ukraine’s international partners in Ukraine’s post-
war reconstruction process was addressed by Brian J. Cavanaugh, senior
vice president of American Global Strategies noting that after World War
II, the United States waited three years before approving a program to help
countries in Europe (the Marshall Plan).
Thus, the Marshall Plan taught a valuable lesson: It successfully
reconstructed cities and infrastructure and served as a mechanism to
strengthen democracy (Cavanaugh, 2022). The international community
now has a unique chance not to repeat the mistakes of the past, as the success
of Ukraine’s reconstruction will serve as a deterrent to other authoritarian
regimes and their broader interests (Cavanaugh, 2022).
The author agrees that the creation of Ukraine’s own “Marshall Plan”
can eectively and qualitatively aect the reconstruction of Ukraine, which
is positively indicated by the experience of European countries after World
War II when the application of this Plan helped these countries to develop,
as well as to develop industry, trade and other. areas of life and become
one of the most inuential countries in the world. The development of
Ukraine’s own “Marshall Plan” will be an eective and ecient mechanism
for Ukraine’s recovery after the war, as well as a promising and long-term
way of recovery.
Shpatakova et al. (2022) noted that the development of plans and
programs for the post-war reconstruction of Ukraine should be one of the
main tasks of the Ukrainian authorities and the international community
because the timely formed strategy for the reconstruction of Ukraine will
help to maintain the stability of the state and strengthen it economically.
Having studied and analyzed the past experience of post-war
reconstruction of European countries, the author agrees and emphasizes
that it is necessary to develop a plan and strategy for the post-war
reconstruction of Ukraine now in order not to repeat the mistakes of the
past and not to face a situation where the economy of Ukraine will be held
and fully dependent on the assistance of international partners.
With a strong potential in production, industry, innovation, and most
importantly in people, and with the help of international programs,
strategies, and experts, Ukraine’s recovery must take place at the highest
level. Also, Ukraine’s post-war reconstruction should take place together
with the international community and the best experts from around the
world.
Hartwell and Boyarchuk (2022) noted that it is premature to talk about
a timeline for the end of the war in Ukraine, but it is already necessary to
lay the groundwork for what a postwar Ukraine will look like). The full-
scale war that has begun in Ukraine has already resulted in signicant
destruction of infrastructure, industry, and economy, destroying entire
local communities.
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The rapid and eective restoration of everything destroyed in Ukraine
will help restore the economy, attract new investments and create new
jobs, develop the state and rebuild cities from scratch, in accordance
with international standards, and most importantly return the citizens
of Ukraine to a normal way of life, before February 24, creating safe and
comfortable living conditions. This study was aimed primarily at developing
an eective strategy for rebuilding Ukraine after the devastation it suered
from military action on the part of the Russian Federation.
As for the legal basis for the reconstruction of Ukraine, it should be
noted that various international acts in one way or another enshrine the
payment of compensation for the damage caused to the country, which was
destroyed. The Russian Federation, as the main cause of the destruction
inicted on Ukraine and which started an unjustied and brutal war on
the territory of Ukraine, should compensate and make up for the damage
inicted.
The author states that reparation can be made in the form of reparations
or the creation of a special UN Commission, which will consider and
accompany the procedure of compensation by the Russian Federation.
However, in accordance with international law and the rules of the UN
Security Council, Russia has the right to veto decisions, which makes it
dicult to pay reparations or create a special Commission. But this problem
is solved by depriving Russia of this veto right, which is a complicated
procedure and has never yet been applied to even one permanent member
of the UN Security Council.
The study of the legal aspects of Ukraine’s post-war reconstruction aims
to develop eective approaches, programs, and strategies for Ukraine’s
recovery. Established and legally documented mechanisms of Ukraine’s
reconstruction during the war will help to avoid unnecessary obstacles and
problems that may arise at the stage of Ukraine’s reconstruction.
Conclusions and Implications
The consequences of a full-scale Russian invasion are incredibly
signicant. Already now they are measured in billions of dollars, destroyed
settlements, major cities aected by Russian missiles and shelling, destroyed
infrastructure, industry, agriculture, signicant economic decline, etc.
Damage from the war is only increasing every day, which in turn requires
the development of programs and plans for post-war reconstruction.
As world experience shows, a plan for the reconstruction of Ukraine
is needed now, without waiting for the end of the war, because it may
take more than one year to recover. Compensation from Russia, as well
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Legal aspects of postwar reconstruction and development of the state (Ukrainian experience)
as support from the international community, should play an important
role in the reconstruction of Ukraine. It is for the purpose of the post-war
reconstruction of Ukraine that the world and the government of Ukraine
are thinking and developing dierent options for raising funds and creating
various programs and plans for the reconstruction of everything that was
destroyed.
The author analyzed and developed a number of proposals and programs
for the reconstruction of Ukraine after the end of the war based on the
results of the study. Thus, almost from the very beginning of the full-scale
war, the Ukrainian government has repeatedly emphasized the creation of
programs for the post-war reconstruction of Ukraine. The author supports
this initiative and in addition to the already mentioned reconstruction
programs, which are discussed at various conferences and the international
level, proposes to conscate the assets of the Russian Federation and create
for Ukraine its own “Marshall Plan” for the reconstruction of Ukraine.
Since the war in Ukraine continues and the damage from the war will
only increase, further scientic research and development of possible
options to raise funds for the reconstruction and development of Ukraine
is needed. The conducted research and the foundations, components, and
concepts that are laid in it should help future researchers to develop even
more eective recommendations for the reconstruction of Ukraine, the
creation of a new Ukraine on the ruins of the war.
The integration of all existing opportunities in the world to assist
Ukraine in its post-war reconstruction will facilitate Ukraine’s accession to
various international and European institutions, including the European
Union. Also, updating and creating new international acts that will regulate
assistance to Ukraine and compensation from Russia will help improve
the international legal framework, which in some aspects has not changed
since World War II.
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Esta revista fue editada en formato digital y publicada
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