Publication date: 08.07.2024
Legal regulation of tort liabilities
Tort liability is one of the most important categories of civil law that regulates relations arising from damage. The legal regulation of tort liabilities is aimed at ensuring compensation for damage, protecting the rights of victims and preventing offenses. In this article, we will consider the main aspects of legal regulation of tort liabilities in Ukraine, including the legal framework, types of torts, mechanisms of compensation for damage and liability for offenses.
Legal framework
The main legal acts regulating tort liabilities in Ukraine are:
- TheCivil Code of Ukraine (Ukraine's CCU) - contains general provisions on tort liabilities, grounds for their occurrence, types of damage and the procedure for compensation.
- Code of Ukraine on Administrative Offenses ( CUAO) - regulates liability for administrative offenses that caused damage.
- TheCriminal Code of Ukraine (CC U) - provides for criminal liability for crimes that have caused damage and mechanisms for compensation to victims.
- Other laws and regulations - regulate special issues of compensation for damage, in particular in the field of ecology, transportation, healthcare, etc.
Concept and types of torts
The concept of tort
A tort is an unlawful act or omission that caused damage to another person and gives rise to an obligation to compensate for that damage. Torts can be civil, administrative and criminal.
Types of torts
Depending on the nature of the offense and the type of damage, torts can be divided into several categories:
- Civil t orts are offenses that cause property or non-property damage, the compensation for which is regulated by the Civil Code of Ukraine.
- Administrative torts - offenses that cause damage, the compensation for which is regulated by the Code of Administrative Offenses of Ukraine.
- Criminal torts are crimes that cause damage, the compensation for which is regulated by the Criminal Code of Ukraine.
Mechanisms of compensation for damage
Types of damage
Damage caused by a tort may be property or non-property:
- Property damage includes direct losses (loss or damage to property) and lost profits (income that the victim could have received under normal circumstances).
- Non-pecuniary damage includes non-pecuniary damage caused by physical or mental suffering, violation of rights or other intangible benefits.
Compensation for property damage
Compensation for property damage is paid in full, including direct losses and lost profits. In accordance with the Civil Code of Ukraine, the person who caused the damage is obliged to compensate it in kind (restoration of the violated right) or pay monetary compensation.
Compensation for non-pecuniary damage
Compensation for non-pecuniary damage provides for compensation for moral and physical suffering, violation of rights and other intangible benefits. The amount of compensation is determined by the court, taking into account the nature of the offense, the degree of guilt, the nature and duration of the suffering, as well as other circumstances of the case.
Joint and several liability
If the damage is caused by several persons jointly, they are jointly and severally liable to the victim. This means that the victim has the right to claim compensation for all damages from any of the persons who caused the damage, and these persons have the right to recourse against each other.
Liability for offenses
Civil liability
Civil liability for torts provides for full compensation for the damage caused. The main grounds for civil liability are the unlawfulness of the act, the existence of damage, the causal relationship between the act and the damage, and the fault of the offender.
Administrative liability
Administrative liability involves the imposition of fines, deprivation of special rights, confiscation of property and other measures provided for by the Code of Ukraine on Administrative Offenses. In addition, administrative authorities may demand compensation for damage caused by the offense.
Criminal liability
Criminal liability includes imprisonment, restraint of liberty, fines, correctional labor and other penalties provided for by the Criminal Code of Ukraine. In case of damage caused by a crime, the court may order the perpetrator to compensate the victim.
Procedural aspects
Pre-trial settlement of disputes
The pre-trial settlement of disputes in damage cases is an important stage. The parties may enter into agreements on voluntary compensation, negotiate, mediate or arbitrate. Pre-trial settlement of disputes reduces the workload of the courts and speeds up the process of compensation.
Court proceedings
If an agreement cannot be reached, a dispute over damages is considered in court. A claim for damages is filed with the court at the place of residence or location of the defendant. In the court proceedings, the parties present evidence, testimony, expert opinions and other materials confirming the fact of damage and its amount.
Enforcement of court decisions
Court decisions on damages are enforced in accordance with the Law of Ukraine "On Enforcement Proceedings". If the judgment is not enforced voluntarily, the writ of execution is transferred to the enforcement service, which enforces the recovery of money or property in favor of the victim.
Challenges and prospects for legal regulation
Lack of effective enforcement mechanisms
One of the main challenges in the area of legal regulation of tort liabilities is the lack of effective mechanisms for the enforcement of court decisions. Problems with the enforcement of judgments may lead to delays in the process of compensation for damage and failure to fulfill obligations.
Imperfect legislation
Imperfect legislation is also a challenge to the effective regulation of tort liabilities. There are gaps and contradictions in the legislation that complicate the process of compensation for damages. Improving the legal framework, adopting new laws and amending existing acts are important steps to improve the situation.
Raising public awareness
Raising public awareness of their rights and mechanisms for redress is an important area. Conducting information campaigns, training programs, seminars and conferences will help to improve the legal culture of the population and more effectively protect their rights.
Conclusions
The legal regulation of tort liabilities is an important component of civil law, which ensures the protection of victims' rights and compensation for damages. The legal framework of Ukraine provides for mechanisms for compensation for property and non-property damage, liability for offenses and procedural aspects of dispute resolution. Overcoming challenges, such as the lack of effective enforcement mechanisms, imperfect legislation, and insufficient public awareness, will help improve the legal regulation of tort liabilities and ensure effective protection of victims' rights.
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