STATE AS A DEBTOR IN OBLAGATIONS ARISING FROM SAVING THE HEALTH AND LIFE OF A INDIVIDUAL

Abstract

The article is dedicated to the study of obligations arising from the rescue of the health and life of a natural person from a real threat caused by the deliberate actions of a rescuer without the corresponding powers provided by law or contract. It is considered on the basis of an analysis of the norms of the Constitution of Ukraine, the Civil Code of Ukraine, the Universal Declaration of Human Rights, the European Convention on Human Rights, the concept of the right to life and health. The concept of a real threat is analyzed by analyzing the normative legal acts of Ukraine and the Electronic Code of Federal Regulations (e-CFR). The conditions for the emergence of obligations arising from the rescue of the health and life of a natural person are studied. The conditions for the emergence of obligations arising from causing harm to a person who rescued the health and life of a n atural person without the corresponding powers are considered. The necessity of proving the amount of damage caused and possible means of proving it are highlighted. The component of the lawful activity of the creditor (victim) aimed at rescuing the health and life of a natural person is disclosed. A separate part of the study is dedicated to the state of Ukraine as a party to the obligation, state bodies that act on behalf of the state as a guarantor of providing funds to fully compensate for the damage. Attention is focused on the indication of the law on the need to compensate for the damage caused to the rescuer. The possibility of a regressive claim by the state in certain categories of obligations related to future court decisions and the establishment of the fact of guilt of Russia is analyzed.