Problematic aspects of the application of the right of regression in indemnification by the employer to their employee

Abstract

The purpose of the research in the article is to consider the theoretical problems of legal regulation of property liability of the employer. This work is devoted to investigation of the indemnification peculiarities by a legal or natural person caused by their employee or another person in accordance with Art. 1172 of the Civil code of Ukraine that will allow to establish cases of its use, in combination with other norms of the legislation, in particular labour. The conditions and reasons for the occurrence of the mentioned non-contractual obligations, peculiarities and problems of application of the right of regression to the persons who caused the damage will be revealed. Nowadays, unfortunately, the concept of «regressive obligations» has not been investigated enough, the legislation does not contain a specific definition of the term, there are no reasons and conditions for their occurrence and application, the legal provisions of the participants of these obligations have not been interpreted, which complicates the application of regression in practice.
 The issue of indemnification caused by an employee in the performance of his duties is closely intertwined with two related branches of civil and labour law. Therefore, it is necessary to analyze some elements of each type of responsibility to determine their independence and separation.
 To achieve this goal, the authors set the following tasks: to identify the causes of this discussion; to analyze the scientific positions by various scientists, about the civil nature of the relationship of indemnification by the employee to third party; to carry out the comparative analysis of legal regulation of the given relations by norms of the labour law and regulation of relations on indemnification caused by the employer, by its employee, by the civil legislation; determine the peculiarities of the relationship of liability of the employer for damage caused by the employee; summarise the legal nature of the relationship to compensate for damage caused by the employee.
 This will help to identify recommendations for action in the event of similar commitments in life. For this purpose, in this research the national legislation is analyzed from both a theoretical and practical point of view.