Public-legal guarantees for the realization of the right of individuals to compensation for damage caused by the aggressor state as a result of war

The article is devoted to the analysis of public-legal guarantees for the realization of the right of individuals to compensation for damage caused by the aggressor state as a result of war, in the context of massive property and non-property losses and objective military barriers to access to legal procedures. It is shown that the right to compensation has a dual normative basis - in the plane of the international responsibility of the state and in the paradigm of human rights as a component of the right to an effective means of legal protection, which requires practically effective procedures for recognition, proof, consideration and enforcement of claims. It is substantiated that the real feasibility of the relevant right depends on the level of «proceduralization»- the transformation of a substantive legal claim into a manageable administrative-legal route suitable for working with a large array of appeals. In this regard, a systematic approach to public legal guarantees is proposed as an interconnected complex of regulatory, institutional and procedural and organizational guarantees that should ensure legal certainty, institutional capacity of bodies and registers, as well as accessibility and predictability of mass administrative procedures. It is proven that procedural and organizational guarantees acquire key importance in conditions of forced displacement, loss of documents, restrictions on access to registers, digital divide and security risks. They should include multi-channel application submission (combination of digital services such as «Diya» and offline channels), standards of due administrative procedure (motivation of decisions, reasonable deadlines, safeguards against abuse), effective review and appeal mechanisms, as well as the requirement of enforceability - the transition from a decision to real compensation. Special emphasis is placed on the need for methodological and procedural compatibility of national decisions and the evidence base with international compensation mechanisms in order to avoid re-proving already established circumstances and ensure the integration of claims into the international compensation circuit.