Legal Interpretation of Insurance Policies in Dispute Resolution: A Study of Decision No. 247/Pdt.G/2022/PN Bks

Introduction to construction dispute resolution

Methodological principles of loss of profit assessment

HOMEWOOD, C., ARABIAN AMERICAN OIL COMPANY Introduction Accidents have plagued man since the beginning of time. They have caused him injury. They have caused him property damage and loss. And sometimes they have cost him life. Accidents often have been considered inevitable. In one sense, they are—they are the inevitable result of human failure. Accidents have changed the course of history. They certainly change the course of our life if we are the injured or our property is lost or damaged. Accidents have increased to such a degree in modern life that they require our best efforts to prevent them. Much is available in the literature of the world on how to prevent accidents, and I am sure this paper will give nothing new in accident prevention. But if it re-emphasizes safety fundamentals, it will serve a useful purpose. There has been some tendency to limit accident prevention to study of injury-producing ones and to overlook accidents that cause damage or loss of property. This tendency is understandable. Personal injuries are rightly more demanding of our attention than destruction of property. But this limited view has delayed progress in accident prevention. I think it is appropriate to define the word "accident" as a professional safety engineer uses it: "An accident is any unexpected event that interrupts of interferes with the orderly of production, activity, or process." Under this definition, an accident may cause damage to equipment or material or cause a production delay without resulting in an injury. It is here that the campaign to prevent accidents must start for almost every accident has the potential of causing injury.

The authors summarize their research and present a system of general and special lines of inquiry put forward at the initial and subsequent stages of investigating deliberate destruction or damage of property, as well as typical portraits of the alleged offender as the basis for proposing these lines of inquiry. The investigation of the crime under Art. 167 of the Criminal Code of the Russian Federation is closely connected with the process of proposing and verifying general and special lines of inquiry. These general and special lines of inquiry into the deliberate destruction or damage of property are proposed on the basis of theoretical knowledge and factual data. Research of criminal cases allowed the authors to typify the personalities of alleged offenders in the crimes under consideration. The portrait of the typical offender acts as a theoretical basis for proposing theories regarding the personality of the alleged criminal (avenger, jealous person, envious person, repeat offender, arsonist, hooligan, bomber, member of a criminal gang, hypeman).

Agricultural business is based on using components of the natural environment (agricultural land, biological assets, water resources) and fixed assets (farm buildings, agricultural machinery and others). The damage caused to these facilities is direct damage to agricultural enterprises, so it should be recorded as a force majeure factor affecting economic activity. Documenting business transactions at the enterprise is the responsibility of the accountant. Therefore, among the management staff, he is able based on his professional judgment, to carefully record the direct damage caused to agricultural enterprises due to armed aggression. The purpose of the article is to develop organizational and methodical support for fixing the direct damage caused to agricultural enterprises due to the armed aggression of the Russian Federation based on the professional judgment of the accountant. In Ukraine, to fix the direct material damage to businesses, several state resources have been launched. Submission of information to these databases requires from the accounting service of the agricultural enterprise: conducting an inventory with mandatory video and photo recording to establish the facts of loss, damage, theft, damage or destruction of property of the agricultural enterprise due to hostilities in Ukraine; determining the amount of damage from theft, shortage, destruction (damage) of property. The article reveals the methods of these procedures and presents the algorithm for downloading the collected data to the database of the project “Russia will pay” (https://damaged.in.ua).

The economic loss doctrine is a judicially created rule that determines whether contract or tort law applies when a defective product causes damage. The doctrine’s starting premise is that contract law governs if the defective product causes economic loss and tort law governs when the defective product causes property damage. A common refrain is that the doctrine was created to prevent contract law from drowning in a sea of tort. However, as the rule has developed, courts have continued to expand contract coverage at the expense of tort coverage. First, when the defective product damages only itself, the courts concluded that such property damage should be resolved under contract law, not tort law. Next, when the defective product damages the system of which it was a component part, the courts concluded that such property damage should also be resolved under contract law, not tort law. Recently, another rule has begun to receive judicial acceptance that further expands the coverage of contract law at the expense of tort law. The rule is called the “disappointed expectations” test or the “reasonably foreseeable” rule. It provides that property damage that was reasonably foreseeable at the time of contracting is recoverable only under contract law, not tort law. The purpose of this Article is to examine the disappointed expectations rule and determine whether it is a positive addition to the legal landscape of the economic loss doctrine.

The article is devoted to the disclosure of the features of criminal liability for intentional destructionor damage to property provided for in Art. 194 of the Criminal Code of Ukraine. The elements of this composition of the criminal offense, which are necessary for criminal qualification according to the specified article of the law on criminal liability, have been analyzed. The author reveals the problematic issues of qualification of the qualifying features of intentional destruction or damage to property, namely, the commission of this crime by arson, explosion, or other generally dangerous means, which caused property damage on a particularly large scale, or caused death or other serious consequences. The author emphasizes the peculiarities of qualification of intentional destruction or damage to property, the difference between this crime and related crimes, in particular, violence against the population in the area of hostilities, violation of the laws and customs of war under martial law. This made it possible to conclude that the intentional destruction or damage to other people’s property committed by arson or explosion as a result of an act of aggression by the Russian Federation against Ukraine is qualified as a war crime under Article 438 of the Criminal Code of Ukraine, and the unlawful intentional destruction or damage to the property of the population by a serviceman under the pretext of military necessity committed in the area of hostilities should be qualified under Article 433 of the Criminal Code of Ukraine. The author expresses the author’s position regarding the imperfect legal technique in formulating the provisions of Article 194 of the Criminal Code of Ukraine in terms of determining the qualifying features of the crime of intentional damage or destruction of property. In this regard, the article provides arguments based on the study of case law relating to intentional damage or destruction of property. The author proposes to amend the current Article 194 of the Criminal Code of Ukraine, namely, in order to make intentional destruction or damage to property in a generally dangerous manner without appropriate dimensions a ground for bringing a person to criminal liability, this qualifying feature should be allocated to a separate part 2 of Article 194 of the Criminal Code of Ukraine.

The main groups of immediate consequences of demonstrative protest crime center on causing harm to person and property. Consequences in the form of harm to personal safety, bodily integrity and health, considering the specifics of the participants of a violent conflict, include: a) harm caused by protesters to law enforcement officers; b) harm caused by law enforcement officers to protesters; c) harm caused by the protesters to the bystanders not espousing the ideas of the protest; d) harm caused to the protesters by the bystanders not espousing the ideas of the protest. The consequences of damage to property include not only direct damage from illegal protest actions, but also the costs and losses incurred on society in connection with such actions. Structurally, this damage includes: a) the consequences of damage or destruction of property by protesters during a protest; b) the consequences of damage or destruction of property by law enforcement officers; c) the costs and losses incurred by individuals and legal entities due to the protest itself or its aftermath; d) state expenditure (primarily the expenses of the law enforcement agencies) in connection with the ensuring safety during the protest; e) the costs compensation and refurbishment for the harm caused to the health, honor and dignity of the participants, law enforcement officers and other persons incurred on the state and society. The immediate consequences of the crimes committed during protest actions are the first link in the deployment of the process of socio-psychological, socio-political and socio-legal transformations, the study of which will be continued in the framework of further work.

During the entire period of the full-scale invasion of the Russian Federation on the territory of Ukraine, every day the country's economy loses property owned by private individuals, legal entities, territorial communities, and the state. In order to compensate for property lost during wartime, which was destroyed, stolen, damaged, it is important to correctly and timely document all the processes that preceded and caused the destruction or damage of such property. Equally important during martial law is the correctness and timeliness of documentation of lost property located in territories not controlled by Ukraine (temporarily occupied). The correctness and timeliness of documenting the loss, destruction or theft of enterprise property is quite relevant, since the state is currently developing new or improving already developed mechanisms and procedures for compensation for losses (damages) that were caused as a result of the introduction of hostilities into the territory of business entities or and temporary occupation of the territory where these subjects are located. For the purpose of documentary confirmation of the fact of destruction, theft and damage to the property of enterprises, a forensic economic examination is conducted, one of the tasks of which is to document the extent of the shortage of goods and material values at enterprises and their structural units. The enterprise must document the results of destruction, damage, theft of property. For this purpose, appropriate entries are made in the accounting and reporting documents, and at the same stage it is essential to carry out an inventory, since the way to check the actual availability of the company's property is to carry out an inventory. Inventory is an independent way of actually controlling the movement of goods and material values and ensuring the reality of accounting data. Conducting research on the lack of goods and material values that were the result of military (combat) actions is a rather painstaking, responsible process that requires a forensic expert to carefully study both regulatory and legal acts with a check of their validity at the time of the inventory, as well as accounting and reporting documents.

This article examines the relationship between international trade and the growth of human rights abuses. It offers dispute resolution, contract law, and a corporate social agreement to resolve these human rights issues. This article aims to present solutions to the growing human rights abuses in international trade because, throughout history, international trade has been a pillar in uniting societies, cultures, and peoples. With the growth of international trade, international trade law also grew. A key feature of the post-Modern era is the infusion of transnational corporations into every element of international society and culture. A direct result of this influence is a drastic rise in international human rights violations where individuals cannot find protection under international human rights laws or foreign domestic courts because such laws and courts do not have jurisdiction over transnational corporations, creating a perpetual cycle of human rights violations in international trade. This article presents a potential option to remedy these violations through alternative dispute resolution, contract law, and a corporate social agreement. This article employs qualitative and comparative research methodologies. The article includes an overview of historical and philosophical literature to establish how international trade and human rights development have consistently been connected. Additionally, the article analyzes international and state laws to delve into the gaps created by modern-day legal precedents to curtail human rights violations in international commercial trade. Through studying human rights violations within the context of international commercial trade and the existing, relevant international law, this article finds that a combination of alternative dispute resolution, contract law, and corporate social offers an innovative approach to resolving human rights issues faced by the international community. The significance of this article is to draw attention to the human rights violations occurring in the post-modern era due to international trade. Specifically, this article aims to present a workable solution to international human rights violations that can be implemented where international law fails to protect individuals in these situations.

This article offers a new perspective on insurance law by examining and combining two basic features of insurance and insurance law: the nature of the insurance contract and the fact that most insurance law issues concern a disputed claim. Insurance law scholars are fond of reconceptualizing their subject. Insurance policies and insurance law have been likened to a means of public utility regulation, a product warranty, a social institution, or, perhaps mostly simply, a thing. This article represents another conceptualization of the subject, and one that may be less foreign to the subject and closer to the reality of the formation and performance of insurance relationships. Every insurance policy is a contract between the policyholder and the insurer. Fundamentally, however, almost every insurance law problem, dispute, or doctrine is really about paying or not paying claims. These two features — contract and claim — are at the heart of most insurance law disputes. The significance of insurance as contract is generally recognized, but the centrality of claims, less so. The article examines each of them separately and then combines them. Doing so provides a perspective on a large number of insurance law issues, and that perspective should change the courts’ approach to a number of issues and doctrines. The focus is on personal lines, particularly first-party insurance, but the analysis also has implications in other settings. The article first presents the contract and claim analysis. It then applies the analysis to several common issues in insurance law. The illustrations come from three different points in the life of an insurance policy. The first concerns a formation issue: when an insurer may use misstatements by a policyholder in the application process to avoid coverage. The second, and most general, addresses interpretation issues that concern the insurer’s performance of the insurance contract. The third concerns issues of policyholder and insurer performance after a claim is filed — the false swearing rule and the law of insurance bad faith. All three reinforce the insight that every doctrinal issue involves a conception of the insurance contract and arises because of a disputed claim. The discussion demonstrates that courts sometimes use similar analysis, describes those tendencies, suggests why they are incomplete, and uses the contract and claim analysis to make them explicit and more comprehensive. Other courts take quite different approaches; contrasting those approaches with the contract and claim analysis demonstrates what they get wrong. The result is both a demonstration of the usefulness of the article’s analysis and a beginning catalog of how it can reshape insurance law doctrine.

Legal certainty is a justifiable protection against arbitrary actions which means that someone will be able to get something that is expected under certain circumstances. The problem is How is the legal certainty of unitlink dispute resolution after the establishment of Alternative Dispute Resolution Agency in the Financial Service Sector (LAPS SJK). The method in writing is by using a normative juridical approach. Legal certainty related to institutional certainty has been represented by the existence of this LAPS SJK. LAPS SJK which is an integrated dispute resolution with this dispute resolution will be faster because it has been centralized considering the increasing number of hybrid financial products. The legal basis for the LAPS SJK is regulated in POJK Number 61/POJK.07/2020 concerning Alternative Institutions for Settlement of Financial Services Sector Disputes. The urgency of the LAPS SJK is needed because of the current condition of the financial services industry, financial services and products that are hybrid or integrated with each financial service sector. The existence of the LAPS SJK provides legal certainty in the dispute resolution mechanism. The principles of this institution are independent, fair, effective and efficient and easily accessible.Policyholders should agree with insurance companies to use LAPS SJK in resolving unitlink insurance disputes, because this forum will provide legal certainty by providing fair and objective solutions. OJK and LAPS SJK further socialize the existence of LAPS SJK. As far as possible for dispute resolution when it cannot be reached internally with the insurance company, the parties choose LAPS SJK by ringing the clause in the unitlink insurance policy.

The article is devoted to the legal analysis of foreign legislation of European countries regarding criminal liability for destruction or damage to property, which is quite relevant for the development of Ukrainian criminal legislation in the context of European integration. During the research, attention is focused on the analysis of the provisions of the law on criminal responsibility of the countries of the Romano-Germanic legal family, namely the law on criminal responsibility: Azerbaijan, Bulgaria, Georgia, Denmark, Spain, the Republic of Latvia, Lithuania, the Netherlands, Germany, Poland, San - Marino, France, Switzerland, Sweden. It was concluded that at the present time, the majority of national legislators in the criminal codes, in the section on criminal offenses against property, have established a criminal prohibition for the destruction or damage of property as a general norm. In the codes of some countries there is liability for intentional destruction or damage to property in the form of a special norm. In the criminal law regulations of some foreign countries, the disposition of the article does not indicate the destruction or damage of someone else's property in a generally dangerous way, including by means of explosion, arson, socially dangerous, the extent of the damage is not specified. Some Criminal Codes of foreign countries contain elements of the crime of intentional destruction or damage to property that are absent in the Ukrainian criminal law, in particular, the subject, motives, special subject of the criminal offense. The type and amount of punishment in the law on criminal liability of foreign countries, as well as in the Criminal Code of Ukraine, depends on the severity of the crime, the extent of the damage caused, and the method of the crime committed. A comparative legal analysis of foreign criminal law allows us to draw a conclusion about the impracticality of literal borrowing of foreign experience by the Ukrainian legislator.

The concept of waqf also reflects the values of social care and sustainability in Islam. "Waqf of insurance policies" refers to the act of allocating the benefits or proceeds from an insurance policy for charitable or public benefit purposes. In this context, "insurance policy" refers to an insurance contract that involves the payment of premiums to an insurance company in order to obtain financial protection from certain risks, such as property damage, health, or other unforeseen events. This means that some or all of the benefits derived from insurance claims will be allocated for charitable or social benefit purposes, such as helping people in need, supporting education, or building public facilities. The waqf of insurance policies is an innovation to explore the potential of wealth so that it can be empowered more optimally as much as possible for greater benefits and also solve the problems of the people. This paper uses a qualitative approach and normative juridical methods as well as related literature. The results showed (1) Its existence can certainly open up greater opportunities to be able to grow the economic potential of the people so that it can be empowered for the general benefit and be able to solve various kinds of economic problems of the people. (2) Waqf of sharia insurance policies is part of a breakthrough in waqf management in exploring the economic potential of the people to distribute wealth effectively and on target. The synergy of naẓir, government, or related institutions is needed in the management, supervision, and development of waqf so that waqf assets remain productive, trustworthy, and truly useful to overcome the problems of the people, especially in the real sector. (3) Some of the main functions of waqf insurance policies in overcoming people's problems are for 1) Social Welfare such as hospitals, schools, orphanages, and mosques, which provide benefits to the community as a whole 2) Educational Development such as establishing schools, colleges, or training centers, which provide access to quality education to the community, even future generations. 3) Economic Empowerment such as creating jobs, developing skills, and improving the local economy. For example, waqf can be directed to establish micro or medium enterprises that provide economic benefits to the community. 4) Health Care such as establishing hospitals or health centers financed from waqf proceeds. 5) Religious Development such as building and maintaining places of worship such as mosques,ṡallâ, or other religious institutions. 6) Public Benefit such as developing infrastructure, recreational areas, and other public facilities. 7) Social and Spiritual Growth such as improving the socio-religious of the community.

In the Ukrainian economy, there is a significant number of enterprises that have suffered losses in the form of lost profits as a result of armed aggression. The paper presents the principles of studying the lost profits of enterprises as a result of armed aggression. An analysis of the algorithm for calculating such losses has been carried out. It is determined that this problem needs to be singled out as one of the necessary directions of economic analysis of the activities of the affected enterprises, whose assets were lost or damaged as a result of armed aggression. Taking into account the methodological basis, the main approaches to assessing the financial status of enterprises are considered. It is concluded that the specifics of calculating the lost profits of the affected enterprises during forensic economic examinations should be determined, subject to the loss (damage) of assets as a result of armed aggression, and from the standpoint of a documented calculation of income that the enterprise could actually receive if the loss or damage to assets did not occur. Forensic economic examinations and research in this area are of particular relevance. One of the necessary and priority areas of forensic economic expertise is the calculation of the amount of lost profits from the impossibility or obstacles to economic activity as a result of armed aggression. World experience is actively applied and implemented in national methods and approaches, which is reflected in the normative legal acts of Ukraine. The essence of lost profits from the impossibility or obstacles in the conduct of economic activity related to armed aggression is disclosed, is related to the destruction, damage or loss of property and is the cause of the losses received. When substantiating the initial data on determining the duration of the period, the components of the compounding rate and calculating the cost of cash flows, it is necessary to use documented initial data on the economic indicators of the affected enterprises. Unprofitable activities based on the results of previous years make it difficult for enterprises to calculate lost profits as a result of armed aggression.