Publication date: 25.04.2024
The institute of damage compensation is an important component of the legal system. It allows for the restoration of violated rights and compensation for damages caused to individuals and legal entities by unlawful and illegal actions or inactions of other subjects. Historically, compensation for damage arose as a response to unjust actions and negligence.
Who Is Entitled to Compensation for Damage
The right to compensation for damage belongs to those who have become victims of illegal actions or inactions of other persons. This can be an individual, a legal entity, or a government body.
Types of Damage
Damage can be material (losses, property damage) or moral (psychological trauma, suffering, loss of reputation, etc.). It is important to determine the type and extent of damage for proper compensation.
Grounds for Liability for Inflicted Damage
The basis for liability for inflicted material or moral damage by unlawful decisions, actions, or inaction is the presence and proof of guilt of the person who caused it. In certain cases, compensation may be awarded regardless of guilt.
If moral damage is caused by a source of increased danger due to mutilation or other health damage, or through unlawful actions of government authorities resulting from illegal prosecution, detention, application of preventive measures, arrest, or correctional labor, then compensation does not depend on the guilt of the persons who caused such damage.
Methods of Damage Compensation
Damage can be compensated by monetary compensation, in kind (transfer of property, repair of damaged property, etc.), or restoration of the legal status.
Compensation for Damage Caused by Government Bodies
If a government body, the Autonomous Republic of Crimea authority, or a local self-government body causes damage to an individual or legal entity through unlawful decisions, actions, or inaction, then this damage is compensated by the state, the Autonomous Republic of Crimea authority, or the local self-government body, regardless of the guilt of these bodies.
Compensation for Damage Caused by Minors and Juveniles
In cases where damage is caused by a minor or juvenile, responsibility for compensation is imposed on the parents or legal representatives of the minor and the juvenile (in case the minor does not have sufficient property to compensate for the damage).
Compensation for Damage Caused by Sources of Increased Danger
A person who lawfully owns objects of increased danger (transport, machinery, equipment, wild animals, service dogs, guard dogs) is responsible for the damage caused by such objects. In case of theft of dangerous objects and causing damage by them, such damage is compensated by the thief. If the theft occurred due to the negligence of the owner, the court may impose on the owner the compensation for a certain part of the damage caused by such an object.
Compensation for Damage Caused by Injury or Death of an Individual
Compensation for injury or death of an individual can be compensated through compensation, medical assistance, and other methods. Compensation for moral damage in such cases is made either in a lump sum or in monthly payments.
Moral damage for the death of an individual is compensated to the husband (wife), parents, children, and other persons who lived with them as one family.
Statute of Limitations in Cases of Applying to Court with a Claim for Damage Compensation
The statute of limitations determines the period within which one can apply to court with a claim for damage compensation. Usually, this period is limited by law and can vary from several months to several years depending on the circumstances of the case and the type of damage.
It is important to apply to court in a timely manner, as missing the deadline may lead to the loss of the right to compensation. If you have become a victim of damage, contact a lawyer or familiarize yourself with the relevant regulatory acts to find out about the statute of limitations and other details of the compensation procedure in your case.
Conclusion
The state plays an important role in regulating the process of damage compensation. Regulatory regulation ensures the protection of citizens' rights and determines liability for inflicted damage. The judicial system plays a key role in resolving disputes and establishing compensation.
Overall, the institute of damage compensation is an important mechanism for protecting citizens' rights and restoring violated interests. Liability for inflicted damage in Ukraine is clearly defined, and the compensation process is accessible to everyone.
If you have any additional questions or want to learn more about damage compensation, consult the relevant regulatory acts and seek advice from lawyers specializing in this area.
Legal Service "Consultant"
The legal service "Consultant" provides legal assistance in cases of protecting rights in damage compensation matters. Our lawyers will conduct a legal analysis of the situation, prepare a legal conclusion, legal opinion, lawyer's opinion, collect the necessary evidence for the case, if necessary, draft a lawyer's request, obtain the necessary information or evidence for the submitted lawyer's request, and provide legal support for the consideration of the case in court.
