APPLICATION OF THE PRINCIPLE OF ALTER EGO IN CASES OF COMPENSATION FOR DAMAGE CAUSED BY THE ARMED AGGRESSION OF THE RUSSIAN FEDERATION AGAINST UKRAINE

Abstract

Background. The study is based on the need to resolve complex legal issues related to the application of the alter ego principle in cases of compensation for damage caused by the armed aggression of the Russian Federation against Ukraine. The relevance of such an analysis is determined by the need to highlight the alter ego principle for its effective and proper application by national and international courts in cases of recovery of damages from Russia in wartime. The purpose of this study is to emphasize the current approaches to understanding the concept of the alter ego principle, and to formulate a proper alter ego test to prove the validity of its application in cases of recovery of damages from the Russian Federation due to military actions on the territory of Ukraine. 
Methods. The article is based on national and international case law and legal doctrine, using a comparative legal approach, formal and logical methods, as well as methods of analysis, deduction and generalization.  
Results. The author investigates the problems of applying the “alter ego" principle by analyzing national and international case law, by analyzing the proper application of the criteria for conducting the alter ego test in cases of compensation for damage under martial law as a result of armed aggression, hostilities, and terrorist acts committed by the Russian Federation. 
Conclusions. The author examines the main problematic aspects of applying the “alter ego" principle to hold the aggressor state liable through its state-owned enterprises, banks and other legal entities that are actually controlled or financed by the Russian Federation. The author emphasizes the need to prove the legal connection between such entities and the aggressor State to substantiate their liability for damage caused by armed aggression. The author analyzes the problems of proving the existence of a civil offense, including the causal link between the actions of entities acting as the “alter ego" of the aggressor State and the damage caused. Approaches to the collection and evaluation of evidence necessary to substantiate the liability of such entities, including the use of international standards of evidence and case law of national and international courts, are identified. Taking into account the latest changes in Ukrainian legislation and international practice, the author formulates practical recommendations for the effective application of the “alter ego" principle in cases of compensation for damage caused by the armed aggression of the Russian Federation.