Uman NUH | today: 04/12/2024
| Author(s) |
Білошкурська З. П., , , Поліщук О. А., , , |
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|---|---|---|---|
| Category | Economics | ||
| year | 2020 | issue | Issue number 97. Part 2 |
| pages | 126-142 | index UDK | 347.44 | DOI | 10.31395/2415-8240-2020-97-2-126-142 (Link) |
| Abstract | The article covers the issue of legal liability for non-fulfillment of contractual obligations in the field of management. Issues of liability are regulated in accordance with current legislation — the Civil Code of Ukraine, the Commercial Code of Ukraine, and other regulations. They regulate the obligations of the parties to properly perform their obligations under the contract, which are guaranteed by measures of property liability imposed on the party that does not perform them to the other party or performs them improperly. The economic and legal responsibility depending on the types of economic offenses and the sanctions established for these offenses is investigated. For the first time in legislative practice, the Commercial Code of Ukraine proposed such a universal sanction as compensation for damages. Its universality lies in the fact that damages are not a sanction of a predetermined amount; their recovery (compensation) is provided in case of any economic offense, unless otherwise expressly provided by law. The article also provides a definition of non-pecuniary damage and the procedure for its compensation. The norm is new for economic legislation and it no longer applies to the offender, but to the injured party, ie the party in whose sphere of activity the losses occurred. The latter is obliged to take all necessary measures to minimize damages if it has been warned in a timely manner by the offender about the possible non-fulfillment of his obligation. Otherwise, the injured party is deprived of the right to compensation. The article covers the issue of joint and several compensation for damages caused by several participants in economic relations at the same time. The issue of voluntary compensation for damages, as well as the issue of filing claims and lawsuits were also considered. | ||
| Key words | legal liability, administrative fines, regulations, damages, Civil Code of Ukraine, Commercial Code of Ukraine | ||