PECULIARITIES OF PECUNIARY DAMAGE COMPENSATION AS A CONSEQUENCE OF THE RECOGNITION OF A COMMERCIAL OBLIGATION INVALID
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
Ensuring stable economic turnover is impossible without guaranteeing the restoration of the parties to their violated rights. The restoration of these rights in economic relations has a pronounced material nature. The rights, freedoms and legitimate interests proclaimed by the Constitution of Ukraine must be truly protected and have effective mechanisms of implementation. Therefore, compensation for damages, material damage is always relevant. The mentioned problems are the subject of constant research. The fact that the normative-legal field of Ukraine, as well as countries such as France, Germany, the USA does not contain an unambiguous definition as “losses”, outlining only its general features, adds a special acuteness to it. That is why there is ambiguous practice in their determination and enforcement. In this article an analysis of peculiarities of pecuniary damage in the sphere of economic activity is conducted on the basis of the study of Ukrainian legislation. The essence, legal nature and significance of economic sanctions are determined. The attention was paid to the theoretical principles concerning the mentioned relations in the sphere of economic activity in general. The analysis and clarification of the definition of the concept of losses and harm in the field of economic activity, as well as the problem theoretical and legal issues are outlined. The principles of compensation for losses in the sphere of economic relations are highlighted. The list of expenses that can be attributed to losses is given. The order and bases of their application, as well as the features envisaged by civil and economic codes, are investigated. In this publication is elaborated the application by the economic courts of Ukraine of legal norms that control the order, grounds and composition of the recovery of losses caused by economic entities, in particular, inflation charges. Since, in the case of recognition of a commercial contract invalid, in languages of an unstable economic situation, the collection of inflationary charges, which in some cases may exceed the amount of debt, is also of great importance. The article concludes the following conclusions: – a great deal of analytical work was carried out both by academics and judges, whose purpose was to establish a unified practice of applying the rules of the case, based on the principles of reasonableness, integrity and justice, as well as ensuring the stability of economic turnover. The need for such work is due to the unequal approach of the legislator to regulating civil and economic relations, as well as to provide unambiguous definitions of such concepts as income, loss and harm; – as a positive one, it is possible to recognize the principle of full recovery of losses, up to bankruptcy, which, in turn, provides an incentive for full and timely fulfillment of economic obligations assumed by itself, unless otherwise provided by an agreement or by law. The above principle is general, regardless of whether the civil or economic legislation is being amenability prescribed for breach of a specific type of obligation.
Authors and Affiliations
Н. Б. Побіянська
Keywords
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