Recommendation 2271 (2024)1Provisional version

Support for the reconstruction of Ukraine

Parliamentary Assembly

1. The Parliamentary Assembly draws the Committee of Ministers’ attention to its Resolution 2539 (2024)“Support for the reconstruction of Ukraine” which makes a resolute call for using confiscated Russian Stateassets to compensate damages, injury and losses caused by the aggression of the Russian Federation andfor supporting the reconstruction of Ukraine.

2. The Assembly refers to its Resolution 2516 (2023) “Ensuring a just peace in Ukraine and lastingsecurity in Europe”, which called for establishing “a comprehensive compensation mechanism, including aninternational commission for the examination of claims for damages recorded in the Register of Damage, anda compensation fund to pay out on decisions on compensation for damage awarded by the commission, inparticular by confiscating and otherwise using the Russian Federation’s assets to pay for damage caused bythe war in Ukraine”. It also refers to its Resolution 2482 (2023) “Legal and human rights aspects of theRussian Federation’s aggression against Ukraine”, which called on Council of Europe member States to setup an international compensation mechanism; highlighted the reasons why the Council of Europe should havea leading role in setting up and managing it; and detailed some of its key prospective features.

3. The Assembly recalls the decisions of the Committee of Ministers of 15 September 2022 and24 February 2023 to welcome all efforts to secure full reparations for the damages caused by violations by theRussian Federation of international law in Ukraine. It also underscores that, in its Resolution CM/Res(2023)3establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of theRussian Federation against Ukraine, adopted on 12 May 2023, the Committee of Ministers agreed “tocontinue working, in co-operation with Ukraine and relevant international organisations and bodies, towardsthe establishment by a separate international instrument of a future international compensation mechanism,which may include a claims commission and a compensation fund, of which the work of the Register,including its digital platform with all data about claims and evidence recorded therein is intended to constitutean integral part”.

4. In light of the above, the Assembly calls on the Committee of Ministers to:

4.1. proceed towards the establishment of an international compensation mechanism, under theauspices of the Council of Europe, to comprehensively address the damages incurred by natural andlegal persons concerned, as well as the State of Ukraine due to the unlawful actions of the RussianFederation in its invasion of Ukraine;

4.2. establish an international trust fund, where all seized Russian State assets will be deposited,ensuring transparency, accountability, and equity in the disbursement of funds that should be used forcompensation to Ukraine and natural or legal persons affected by the Russian aggression in Ukraine aswell as to aid Ukraine's recovery and reconstruction efforts;

4.3. endorse the establishment of an international commission of claims for the damages recorded inthe Register, under the auspices of the Council of Europe;

1. Assembly debate on 16 April 2024 (10th sitting) (see Doc. 15932, report of the Committee on Political Affairs andDemocracy, rapporteur: Mr Lulzim Basha; and Doc. 15941, opinion of the Committee on Legal Affairs and Human Rights,rapporteur: Mr Davor Ivo Stier). Text adopted by the Assembly on 16 April 2024 (10th sitting).

4.4. consider including, in the scope of the future international compensation mechanism, once established, the damage caused by the Russian Federation’s internationally wrongful acts committed in the Autonomous Republic of Crimea, the city of Sevastopol and the temporarily occupied territories of the Donetsk and Luhansk oblasts before 24 February 2022, in so far as they were caused by the aggression against Ukraine started in 2014, in particular in relation to breaches of international law confirmed by international adjudicative bodies such as the European Court of Human Rights.

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