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КОМПЕНСАЦІЯ ЗА ЗНИЩЕНІ ОБ'ЄКТИ НЕРУХОМОГО МАЙНА ВНАСЛІДОК БОЙОВИХ ДІЙ, ТЕРОРИСТИЧНИХ АКТІВ, ДИВЕРСІЙ

Authors :
В. А., Кройтор
Source :
Analytical & Comparative Jurisprudence; 2024, Issue 4, p122-128, 7p
Publication Year :
2024

Abstract

The article is devoted to identifying the features of compensation for destroyed real estate objects due to hostilities, terrorist acts, and sabotage. The civil liability of the state as a subject of responsibility is analyzed in the work. It is determined that the civil liability of the state can be divided depending on the legal status of the state: the liability of the national state; civil liability of a foreign state; liability of the aggressor state. The judicial practice of Ukraine is based on the fact that Russia's consent to be brought as a defendant in cases of compensation for material and moral damage is not required. At the same time, another state must consent to participate in such procedures. It is formulated that within the framework of compensation relations for damaged and destroyed real estate objects due to hostilities, terrorist acts, and sabotage caused by Russia's armed aggression against Ukraine, this compensation is not civil liability. It is emphasized that the Ukrainian state independently compensates for the losses incurred by individuals to protect public relations, ensure human rights, and property turnover. The compensation of this damage is the basis for addressing the aggressor country with a demand for reparations for such damages. It is determined that compensation relations apply exclusively to residential real estate objects and their owners or managers. This approach is somewhat narrow, but it indicates that the state primarily supports the social direction regarding the housing provision of individuals, as housing need is a basic human need. Prospective areas of scientific research in this direction include the justification of compensation to legal entities, the identification of features of the civil process concerning the protection of individuals' rights in compensation payments. Overall, Ukrainian legislation requires further updating in the area of procedures for compensation for destroyed/damaged real estate. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
27886018
Issue :
4
Database :
Complementary Index
Journal :
Analytical & Comparative Jurisprudence
Publication Type :
Academic Journal
Accession number :
179430490
Full Text :
https://doi.org/10.24144/2788-6018.2024.04.20