LIABILITY FOR CAUSING PROPERTY LOSSES IN THE COURSE OF BUSINESS ACTIVITIES

Abstract

The relevance of the study lies in the need to improve mechanisms for compensating damages arising from breaches of civil and commercial obligations during the full-scale armed conflict in Ukraine. Existing legal provisions do not always ensure effective or consistent recovery of damages, creating risks for legal certainty and economic stability. The objective is to develop a theoretically grounded concept of a unified compensatory mechanism in Ukrainian civil and commercial law that would enhance the efficiency of damages recovery and improve law enforcement practice. The research is based on an interdisciplinary methodological approach using the dialectical method to examine the relationship between contractual and tort liability; formal legal and comparative methods to identify systemic links and conflicts in current legislation; legal modeling to formulate a unified compensation mechanism; and structural-functional analysis to determine problems and prospects for reform. The findings reveal key contradictions between the Civil Code and Economic Code of Ukraine in regulating compensation for damages. The absence of a unified approach to the correlation between “damage” and “losses,” unclear boundaries of contractual and tort liability, and imperfect mechanisms for compensating moral damages and damages caused by lawful actions of public authorities undermine the effectiveness of law enforcement. Based on structural and functional analysis, the study proposes a comprehensive system of improvements aimed at harmonizing civil and commercial law, unifying approaches to determining the composition of compensation, and creating an effective mechanism for compensating business losses in accordance with the rule of law and European standards. The proposed recommendations can enhance the efficiency of damages compensation, ensure greater coherence in judicial practice, and strengthen the systematic character of civil and commercial relations in Ukraine.