RIGHT TO COMPENSATION FOR DAMAGES: THEORY AND PRACTICE OF APPLICATION

Abstract

The article is devoted to a comprehensive analysis of the right to
compensation for damage as a fundamental institution of the civil law of Ukraine.
The theoretical foundations of the right to compensation for damage, its legal
nature and place in the system of subjective civil rights are considered. It has been
established that the right to compensation for damage is a special subjective civil
right that arises in a person as a result of harm caused to him by unlawful or, in
cases provided for by law, lawful actions of other persons. It has been determined
that the right to compensation for damage is characterized by a number of specific
features. Firstly, this right is derivative in nature – it arises as a consequence of
the violation of other subjective rights of an individual. Secondly, this right is
compensatory in nature and is aimed at restoring the victim's property status.
Thirdly, the right to compensation for damage is absolute in nature – it can be
violated by any person and is subject to protection from any encroachment.
Understanding these specific features of the right to compensation allows for a
better understanding of the legal nature of the right to compensation for damage.
The article also analyzes the types of damage that are subject to compensation. It
was mentioned that traditionally there is a distinction between property and
moral damage, each of which has its own specific legal regulation. It is noted that
compensation for property and moral damage has a common problem that has
practical significance, namely: the difficulty of determining the exact amount of
compensation for damage. However, it is noted that the process of determining
the amount of damage that must be compensated is more complicated when it
comes to moral damage. Attention is drawn to the achievements of other
scientists who proposed ways to solve the problem of determining the amount of
compensation for moral damage. The article also analyzes the conditions for the
emergence of the right to compensation and the features of its implementation.
Particular attention is paid to judicial practice regarding the application of norms
on compensation for damage, in particular, the issues of determining the amount
of damage, proving causality, and the features of compensation for moral damage.