Publication date: 15.07.2024
Civil liability for damages in Ukraine
Introduction
Civil liability for damages is an important component of civil law aimed at protecting the rights and interests of persons affected by the unlawful actions of others. In Ukraine, this institution is regulated by the Civil Code of Ukraine and other legal acts. In this article, we will consider the main provisions of civil liability for damages, the grounds for its occurrence, types of compensation and practical advice on how to protect your rights.
Legal framework
The Civil Code of Ukraine
The Civil Code of Ukraine (the "CCU") is the main legal act regulating civil liability for damages. It defines the grounds for liability, the procedure for compensation for damage and the conditions for exemption from liability.
Other legal acts
In addition to the Civil Code, civil liability issues may be regulated by other laws and regulations, such as laws of Ukraine on consumer protection, labour protection, environmental protection, etc.
Grounds for civil liability
Unlawful acts or omissions
For civil liability to arise, the actions or omissions of the person who caused the damage must be unlawful. This means that they must contravene the law, the terms of a contract or general principles of law.
Fault
Civil liability is usually triggered by fault. Fault can be in the form of intent or negligence. In some cases, liability may arise regardless of fault (objective liability), if provided for by law or contract.
Causation
It is necessary to prove the existence of a causal link between the unlawful acts or omissions of the person who caused the damage and the losses incurred. This means that the damage must be a direct consequence of the person's actions or omissions.
Existence of damage
To be liable, it is necessary to establish the existence of actual damage. Damage can be property (losses, expenses, loss of income) or non-property (moral damage, physical pain, suffering).
Types of compensation for damage
Compensation for property damage
Property damage is compensated by way of compensation for actual losses and lost profits. Actual losses include losses incurred by the injured person, the cost of restoring damaged property or the cost of replacing it. Lost profit is the income that the injured person could have received if the damage had not been caused.
Compensation for non-pecuniary damage
Non-pecuniary damage is compensated by way of compensation for physical and mental suffering, loss of the possibility of a normal life, reduced quality of life, etc. The amount of compensation is determined by the court depending on the circumstances of the case and the degree of suffering of the injured person.
In-kind compensation
In-kind compensation involves restoring the situation that existed before the damage was caused. This may include repairing damaged property, providing similar property to replace the damaged property, or performing other actions aimed at restoring the violated rights of the injured person.
The procedure for compensation for damage
Pre-trial settlement
The first step in the process of compensation for damage is the out-of-court settlement of a dispute. The injured person may file a claim for compensation with the person who caused the damage. This may be done by submitting a written claim, which sets out the circumstances of the case, the amount of damage and the claim for compensation.
Claim procedure
Filing a claim is an important stage of pre-trial settlement. It should contain the following elements:
- Information about the parties: names, addresses, contact details of the injured party and the person who caused the damage.
- Description of the circumstances of the case: the specific circumstances in which the damage was caused, evidence of unlawful acts or omissions.
- Amount of damage: an accurate calculation of the damage, costs or losses incurred.
- Claims for compensation: specific claims for compensation for damages, lost profits or non-pecuniary damage.
- Evidence: copies of documents, testimonies, expert opinions, etc.
Judicial settlement
If the pre-trial settlement of the dispute is unsuccessful, the injured person may file a claim for damages with the court. The statement of claim must contain:
- Information about the plaintiff and the defendant.
- A description of the circumstances giving rise to the claim.
- The plaintiff's claims (amount of compensation, method of compensation, etc.).
- Evidence confirming the circumstances of the case and the amount of damage.
Filing a lawsuit in court
The process of filing a claim includes several stages:
- Preparation of documents: collection of the necessary documents confirming the circumstances of the case and the amount of damage.
- Preparation of astatement of claim: preparation of a statement of claim in accordance with the requirements of the Civil Procedure Code of Ukraine.
- Filing a claim with thecourt: filing a claim with the court in person or through a representative.
- Payment of the court fee: payment of the court fee in accordance with the established tariffs.
Court proceedings
Court proceedings include the following stages:
- Opening of the proceedings: the court opens the proceedings and sets the date of the preliminary hearing.
- Preliminary court hearing: determination of the composition of the parties to the proceedings, resolution of issues related to evidence and appointment of expert examinations.
- Main court hearing: hearing of the parties, examination of evidence, hearing of witnesses and experts.
- Decision-making: the court makes a decision, which is announced at the court hearing.
Enforcement of the court decision
After a court decision on damages is made, the defendant is obliged to comply with the court decision. If the defendant fails to comply with the judgement voluntarily, the injured person may apply to the executive service for enforcement.
Enforcement proceedings
The process of enforcing a court decision includes:
- Submission of the writ ofexecution: obtaining the writ of execution from the court and submitting it to the enforcement service.
- Opening of enforcement proceedings: the enforcement service opens the proceedings and sends the writ of execution to the defendant.
- Execution ofenforcement actions: seizure of property, garnishment of wages or other income, sale of property at auction, etc.
- Control over execution: regular monitoring of the execution of enforcement actions and taking measures to ensure the enforcement of the decision.
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