The Ministry of Justice of Ukraine proposed its vision of a mechanism for Russia to compensate Ukraine for war damage last week.

The mechanism would be based on the compensation commission model and a fund established by the UN Security Council resolution against Iraq following its invasion of Kuwait in 1990.

But for Ukraine, they will establish a fund not within the framework and according to the decision of the UN but based on a relevant international agreement. The fund will join countries ready to seize Russian property located on their territory. They will use it to compensate Ukraine for damage caused by the Russian aggression.

The crucial is the Russian immunity and property, which it enjoys under modern international law.

State immunity is relied on by states to claim that the particular court or tribunal does not have jurisdiction over it. It cannot seize its property to secure a claim and prevents the enforcement of court decisions against it and the seizure of its property.

In such conditions, two possible options exist to solve this "issue."

Option 1. To deprive the aggressor state of immunities at the level of national laws.

Each state can apply its approaches and features of applying a foreign state's immunities to Russia and its property. It is quite possible. We should recognize some peculiarities in the immunity regulations, for example, in the USA, Italy, and Canada.

Such an option contains significant risks of forming different approaches to regulate the Russian immunity, to select mechanisms for seizing and transferring the aggressor state's property to the affected country and its people.

They will not synchronize the adoption of national acts. Russia can benefit from it, manipulating, playing on differences, delaying judicial and administrative procedures, etc.

Option 2. To deprive the aggressor state of immunities at a new international treaty level since the current international acts do not cover the specified cases.

A real and working option is developing and signing a multilateral international agreement.

Only the states that condemn the military aggression of the Russian Federation against Ukraine should sign such an agreement. Ukraine can initiate such a document - independently or together with partner states.

The international agreement should be comprehensive and cover various mechanisms for compensating damages from the aggressor state, including judicial ones.

Therefore, it should regulate the following: limitation (deprivation) of immunity, including judicial immunity, of the aggressor state; legal assistance by the participating states in the execution of court decisions issued against the aggressor state regarding the compensation of damages caused by it; the procedure for economic sanctioning based on a commitment of certain state for freezing aggressor's property; seizing the property of the aggressor state and its residents according to certain criteria, the creation of a compensation fund, the conditions, and procedure for payment of compensation to the victims at the expense of this property, etc.