Recovery of material and moral damage

RECOVERY OF MATERIAL DAMAGE

The concept of material harm is established by the Civil Code of Ukraine, along with this, this code divides the concept of material harm into types that give a clear indication of the method of causing material harm.

Article 22 of the Civil Code of Ukraine provides for the right to compensation for material damage, which is expressed in the form of losses.

Losses are losses of a material nature that a person has suffered as a result of the destruction or damage of one or another thing, as well as losses of a material nature that a person may suffer in the process of restoring his violated right.

Article 1166 of the Civil Code of Ukraine establishes general grounds for compensation for material damage, thus, material damage is compensated to the person who suffered it in full, of course, if such damage is proven.

Also, in situations provided for by law, material damage is compensated, which was caused by damage to the health of an individual due to force majeure.

In addition, the legislation provides for situations in which material damage is compensated in situations where such damage was caused within the framework of the law.

With regard to losses that arise in the course of economic relations, it should be noted that, in general, the amount of losses is difficult to predict in advance, since within the framework of economic relations and, as a rule, compensation for losses is provided for in case of any economic offenses.

An essential condition is that as a result of an economic offense the victim actually incurred losses.

It should also be noted that material losses in the sphere of economic relations can arise not only as a result of economic offenses that arise from violations of certain contractual obligations, but also as a result of illegal restrictions by state bodies and / or other business entities of property rights and property rights that are protected by law. At the same time, in accordance with the provisions of the Economic Code of Ukraine, it is seen that the right to recover material damage is one of the key principles of economic and legal liability.

WHAT YOU NEED TO KNOW IN ORDER TO COLLECT PERSONAL DAMAGE

Taking into account the practice of economic courts on compensation for the recovery of material damage, it is concluded that such courts take into account the following:

• The Civil Code of Ukraine establishes a general rule regarding compensation for material damage, according to which such damage is compensated in full, unless otherwise provided by law;
• If this or that agreement provides for compensation for material damage for violation of such an agreement, such damage is compensated in full;
• If the type of material damage caused is not reflected in regulatory legal acts, or is not fixed by the contract, then such damage is compensated in full on the basis of the general provisions of binding law.

CONCLUSION:

The recovery of material damage is a rather complicated procedure, since the victim must prove the existence of harm that was caused to him, and the opposite side, in turn, must prove the absence of his guilt.

Evidence can be documents confirming the relationship of the damage caused to the person who caused it, these can be the relevant conclusions of certain commissions (depending on the type and nature of the damage), medical opinions, protocols of law enforcement agencies, etc…