Міжнародно-правове регулювання застосування субституції (різновид реституції) як форми матеріальної відповідальності держав

The article analyzes the principles of international legal regulation of the use of substitution as a form of material liability in public international law, based on the norms of international law, since substitution (from Latin substituo – I put instead, I transfer in exchange) is a form of international legal liability of states (a type of restitution), which is the replacement of unlawfully destroyed or damaged property, buildings, vehicles, artistic values, personal property, etc. It is substantiated that the main doctrinal document regulating the application of this form of material liability is the “Draft Articles on the Responsibility of States for Internationally Wrongful Acts with Commentaries” adopted by the UN International Law Commission in 2001 at its fifty-third session. The definition of restitution in Article 35 is generated on the basis of an assessment of the event that actually occurred and does not require additional research into an alternative situation in the absence of an illegal act. It is also clear that in order to guarantee full compensation for the damage caused, it may be necessary for restitution in such a narrow interpretation to be supplemented by substitution and, in some cases, reparation. The General Assembly resolution 56/83 was considered, which took note of the aforementioned articles, the text of which is contained in the annex to this resolution, and proposed them for the attention of governments. The practice of applying substitutions that took place: 1. After the First World War, on the example of the first peace treaty with Turkey and the Allied Powers (the Treaties of Sèvres and Lausanne); 2. After the Second World War, on the example of the London Declaration of 1943 and the Peace Treaty with Italy of 1947; 3. After the Cold War, on the example of the post-conflict society in Bosnia and Herzegovina in the late 1995s. It was concluded that there is a need for additional codification of the application of substitution by adding an addition to the “Draft Articles on the Responsibility of States for Internationally Wrongful Acts with Commentary” adopted by the UN International Law Commission in 2001 at its fifty-third session.