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DOI 10.37749/2308-9636-2020-11(215)-1

Olshanchenko V.I. The State of Ukraine as a Subject of Civil Liability for Damages Caused to Entrepreneurs during the Anti-Terrorist Operation/Joint Forces Operation (analysis of current legislation and practice).

In order to repel external aggression and stabilize the economic and socio-political situation in the country, the legal regime of the anti-terrorist operation (ATO) was introduced in 2014. Subsequently, the Anti-Terrorist Operation in Eastern Ukraine was renamed the Expanded Anti-Terrorist Operation within the Joint Forces Operation (JFO) in April 2018. The issue of Ukraine’s liability for damage caused to business entities by state authorities or their officials during the ATO/JFO has become relevant. Today, there are serious shortcomings in the regulatory and legal framework in the above-mentioned area, as well as in practical implementation, which complicates the mechanisms for compensating entrepreneurs who suffered as a result of the ATO/JFO.

The article presents the results of a study on compensation for damage caused to entrepreneurs by the state of Ukraine during military operations and/or other measures related to law enforcement activities, as well as the protection of subjective civil rights of participants in civil relations. The provisions of Articles 1166 and 1167 of the Civil Code of Ukraine are analyzed when determining the grounds for liability and other provisions of paragraph 1 of Chapter 82 of the Civil Code of Ukraine depending on the circumstances under which the damage was caused. The civil liability of military personnel during the performance of service and combat missions is considered and discussed. It is proved that a structural unit of the Armed Forces of Ukraine is responsible for causing damage during the performance of service and combat missions. Special attention is paid to the consideration of the practice of applying the current legislation of Ukraine in the field of compensation for damage caused by Ukraine to entrepreneurs. The following conclusions are drawn as a result of the study. Under modern conditions, the liability of Ukraine for damage caused to entrepreneurs by the tort of state authorities or their officials remains clearly unregulated at the regulatory level. It is argued that it is necessary to supplement Articles 1173 and 1174 of the Civil Code of Ukraine with a provision that clearly specifies that damage is compensated by the state of Ukraine.

Keywords  :  rights, guarantee, legal responsibility, institution of responsibility, compensation for damages, state.

 

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