Sila Prava is an independent non-governmental organization founded in 2015. Through our network of 25 offices in 22 regions of Ukraine, we provide legal aid to those affected by the Russian military aggression and occupation of Ukrainian territories across all stages of the judicial process, through to receiving compensation.
- Providing legal aid to every citizen of Ukraine affected by the Russian military aggression and occupation of Ukrainian territories;
- Through court judgement, formalizing the evidence for military aggression by the Russian Federation against Ukraine, occupation and effective control over part of the territory of Ukraine, war crimes, and violations of human rights;
- Imposing liability on the aggressor state for losses infringed upon the citizens of Ukraine, the State of Ukraine, and Ukraine’s businesses;
- Creating a legal foundation for introducing the principle of unavoidability of punishment of an aggressor state for military aggression against another state internationally.
Our legal strategy is based on the Concept of functional state immunity recognized worldwide.
The Concept stipulates that a state cannot claim immunity from the jurisdiction of a court of another state in cases where the state accused of inflicting damage went beyond the limits of sovereign authority, i.e. unleashed a war and occupied foreign territories.
Moreover, Concept of functional immunity states that a state is not immune from the jurisdiction of a court of a state affected as respects proceedings in respect of death or injury, or damage to or loss of tangible property caused by an act or omission on the territory of the state affected.
This position is consistent with the spirit and intent of the UN Convention on Jurisdictional Immunities of States and Their Property (2004) and European Convention on State Immunity (1972), as well as current legislation of a great many countries and common legal practice.
As a result of court consideration of claims brought by Sila Prava on behalf of victims of the military aggression by the Russian Federation against Ukraine, a legal precedent has been created in Ukraine that relies on the concept of functional immunity of states and fully reflects analogous practice in the developed world.