Compensation For Damage Research Articles

Альтернативные способы возмещения вреда, причиненного лицу незаконной уголовно-процессуальной деятельностью

The article reviews grounds of the legal liability of the state to parties to criminal proceedings for the damage caused to them by illegal criminal procedure activities. The main attention is paid to the damage compensation procedure pursuant to Part 3, Art. 133 of the Criminal Procedure Code of the Russian Federation that is fundamentally different from compensation of damage to an exonerated person under the judicial procedure governed by Art. 399 of the Criminal Procedure Code of the Russian Federation. The author uses judicial cases with identified problems of establishment of grounds for compensation of damage caused by illegal criminal procedure activities, in particular, illegal application of measures of procedural coercion, as a basis to conclude that the traditional civil procedure for compensation of damage caused by illegal criminal proceedings often fails to conform to the reasonable term of judicial proceedings, and not every damage caused to parties to criminal procedure activities by coercive procedural measures can and must be compensated within the framework of the undertaken liability of the state to parties to criminal proceedings.

Compensation for non-pecuniary damage in labor law is an important guarantee of the protection of workers’ rights

The article is devoted to the study of the institution of compensation for moral damage in the field of labor, i.e. in cases where the employee’s labor rights are violated by the employer, and as a result, moral damage is caused, which is subject to compensation. Since the issue of compensation for moral damage in labor law remains debatable to this day, as there is no unambiguous scientific or legislative solution to it. Although the institution of compensation for moral damage in the field of labor is an important guarantee of the protection of workers’ rights. During the research, the current domestic legislation and the views of scientists on the raised issue were analyzed. In particular, it is stated that compensation for non-pecuniary damage in labor law has its own characteristics compared to compensation for non- pecuniary damage in civil law. Thus, the specifics of compensation for non-pecuniary damage in the field of labor lies in the subject structure of this legal relationship - the employee and the employer, where the employer has the obligation to compensate non-pecuniary damage, and the employee has the right to receive it in the presence of negative consequences of the violation of labor rights. Attention has been drawn to the fact that compensation for moral damage in labor law is proposed to be considered in three aspects: as compensation for moral damage caused to the employee; as an independent, special and universal type of employer’s responsibility; and as a way of protecting the rights of the employee in labor relations. It was concluded that the labor legislation regarding the legal regulation of issues of compensation for moral damage to the employee needs improvement, since it lacks a definition not only of compensation of moral damage in labor law, but also of moral damage in labor law, which , in turn, leads to the fact that the inflicted moral damage is not actually perceived as damage, it is simply ignored. At the same time, although the introduction of the institution of compensation for moral damages in labor law did not solve all the problems regarding the protection of human labor rights, it is evidenced by the fact that the constitutional provisions on the recognition of a person as the highest social value and the guarantee of his physical and moral safety by every state are gradually being implemented in the labor legislation.

Environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine

The article examines the environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine. The problems of bringing the aggressor state to responsibility for ecocide are analyzed. Having found a legislative enshrinement in the national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide has not been enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. The author of the article supports the proposal regarding the need to include the crime of ecocide in the Rome Statute. The ecological and legal aspect of the formation of an international compensation mechanism is studied, the components of which are: 1) an international register of damages; 2) compensation commission (which will consider individual applications for compensation by the Russian Federation for losses from citizens, companies and the state); 3) compensation fund (which will accumulate funds to pay commission decisions, including at the expense of confiscated Russian assets). The mechanism of compensation for environmental damage caused as a result of the armed aggression of the Russian Federation against Ukraine is analyzed, and ways of its optimization are proposed. The future compensation mechanism should be based on the «ecosystem services approach», which will significantly increase the amount of environmental damage that the Russian Federation will pay to Ukraine. The international practice of compensation for environmental damage caused by the aggressor as a result of military actions and temporary occupation was studied and analyzed. The author emphasized the need to reform the state environmental monitoring system. Without reliable monitoring data, it is difficult to prove a causal relationship between the illegal actions of the aggressor state and the damage caused to the environment.

Administrative liability for violations of civil firearms circulation rules as a component of state control

The article provides an analysis of the compositions of administrative offenses in the sphere of circulation of civilian firearms. During the research, a number of problematic aspects were identified that could negatively affect the application of the relevant provisions of the Code of Ukraine on Administrative Offenses, and a series of proposals were put forward to address these gaps. In particular, the publication emphasizes the need to differentiate in Article 85 of the Code of Administrative Offenses the administrative responsibility for violations of hunting rules depending on the type of animals that have been hunted or attempted to be hunted by the subject of the respective offense, taking into account the rates for calculating the compensation for damages caused as a result of violations of legislation in the field of hunting and game management (except for species listed in the Red Book of Ukraine). The paper also highlights the expediency of differentiation of liability in the aforementioned article of the Law for Fisheries with the use of firearms based on the criterion of causing or not causing damage to ichthyofauna by relevant actions. Furthermore, the author proposes to amend Article 174 of the Code of Administrative Offenses regarding the use of firearms in the following version: ‘Shooting with firearms in an uncleared area of a populated area, in an uncleared area outside a populated area, or in a cleared area in violation of the established procedure’ and to differentiate responsibility in the specified norm depending on the place of commission of the administrative offense as a feature of the objective side. Moreover, with the aim of improving and enhancing the effectiveness of the application of administrative-legal prescriptions, the scientific article focuses on the controversial aspects of the object, objective side, and subject of the composition of the administrative offense envisaged by Article 190 of the Code of Administrative Offenses; normative formulation of the title and disposition of Article 192 of the Code of Administrative Offenses; the circle of persons constituting the subjective composition of administrative offenses envisaged in Articles 191–195 of the Code of Administrative Offenses; sanctions for committing administrative offenses provided for in Parts 1, 2, 4 of Article 85 and Articles 174, 190–195 of the Code of Administrative Offenses.

THE FIRST STEPS IN IMPLEMENTING THE UKRAINIAN STRATEGY FOR RESTORING THE RIGHTS OF OWNERS OF CERTAIN CATEGORIES OF REAL ESTATE DAMAGED OR DESTROYED AS A RESULT OF THE ARMED AGGRESSION OF THE RUSSIAN FEDERATION

Background: In the context of war, the issue of compensation for damages caused by the military aggression of the Russian Federation against Ukraine is of utmost relevance, given the unprecedented scale of damage and the number of affected individuals. This article explores one of the existing methods for compensating damages related to the damage or destruction of certain categories of real estate as a result of hostilities, terrorist acts, and sabotage caused by the armed aggression of the Russian Federation against Ukraine through the state electronic public service “eRecovery”. This article explores the main aspects of the operation of this state service, including its limitations and the conditions for receiving compensation. Additionally, the article reviews a civil case involving a Ukrainian citizen against Ukraine for failure to fulfil its positive obligations and against the Russian Federation for the destruction of housing that resulted in material and moral damage. It also highlights the difficulties that may arise in the process of reparations paid by the Russian Federation. Protecting the rights and freedoms of individuals residing in Ukraine is the state’s duty, and during wartime, this task takes on new significance, becoming complex and extremely important. One way to provide such protection is through compensation for damages caused by the military aggression of the Russian Federation against Ukraine. However, developing a mechanism for such compensation requires the mobilisation of significant resources and additional research across various fields, primarily to ensure justice. It is essential to explore the legal grounds for compensation, criteria for damage assessment, possible methods and means of compensation, and potential cooperation between national and international institutions. Methods: This study analyses one of the ways to protect the rights of those affected by the Russian-Ukrainian war through obtaining compensation via the state electronic service “eRecovery”. In particular, it examines the following issues: current limitations regarding the objects eligible for compensation, the principles of operation and development prospects of the “eRecovery” state service, and the development and challenges of national court practices in disputes arising from the war. It also explores the state's positive obligations in the field of human rights and the measures Ukraine is taking to protect and restore the rights of the affected individuals. National and international opportunities for developing a compensation mechanism for the affected and the challenges Ukraine faces before receiving reparations from the Russian Federation are analysed. Results and conclusions: The results of this study highlight the state's ability to provide adequate protection to individuals affected by the Russian-Ukrainian war, particularly through the “eRecovery” electronic public service. The need for further development of the service has been identified to cover a broader scope of damages that Ukraine can compensate prior to receiving reparations from the Russian Federation, including through cooperation with international partners.

Towards Compensation for Physical Damage Caused by Coronavirus (COVID 19) Vaccination in the State of Kuwait in the light of Comparative Law

In fact, the goals of this study are represented on evaluating the indemnity funds and programs for the physical injuries that caused by the compulsory vaccines or the vaccines that are used on the public-health emergencies, moreover, to figure out the protection provided for the individuals that are working on the implementation of the governmental measures to combat the pandemic disease in terms of the civil liability which arise from them on one hand, hence, to indemnify the physical injuries to the individuals as a result of the vaccination on the other hand, also reviewing and analyzing the applied programs and systems by some countries which are leading pioneers within this domain that were needed to be established due to the exemption of liability conditions set out by Corona vaccines manufacturing companies in their contracts made with many governments in order to draw the Kuwaiti legislature's attention to the necessity to establish a similar fund under which indemnity for the physical injuries caused by the vaccines or the vaccines that are used on the public emergencies would be made. However, the study was based on the descriptive analytical approach by analyzing the relevant legal provisions to the subject of the study in the comparative law and reviewing the adopted systems through which indemnity for physical injuries caused by novel Corona virus vaccination would be made. Thus, the study has been divided into a couple of requests, as the first one handles the indemnity funds for the entire vaccines` physical injuries. Meanwhile, the second request handles the indemnity funds and programs for the physical injuries caused by Corona virus COVID-19 vaccines. Hence, the study concluded with a set of findings and recommendations. Keywords: indemnity fund - Vaccine - Corona 19 - civil liability - physical injuries - Emergency use authorization.

Access to justice as an element of the rule of law in the modern democratic state

The article examines access to justice as an element of the rule of law in a modern democratic state. The issue of securing access to justice in the legislative practice of countries is detailed. Practice is analyzed, where access to justice is considered as an opportunity for any interested person to go to court without hindrance and participate in the legal process at all its stages. At the same time, it is emphasized that such access implies access to national and international justice systems. This significantly contributes to a person’s ability to defend himself against encroachments on his rights, compensation for damage caused by offenses and self-defense in criminal proceedings. It is proven that access to justice is increasingly included in the international and national practice of states and begins to occupy an important place in the organization and functioning of the judiciary. It is noted that today the concept of access to justice does not have a unified approach to its understanding in the circles of the scientific community. The development of this issue continues for a considerable period of time. Long-standing discussions give reasons to testify that access to justice is an extremely broad concept that can be distinguished as a separate concept, principle or right. It is emphasized that in this context it is extremely important to emphasize the mechanisms of human rights protection, that is, its application to those categories of the population that do not have the opportunity and resources to go to court. In view of this, it is extremely important to apply the principle of equality before the court in practice. This will make it possible to ensure equal access to the trial for all participants in the process. The international experience of access to justice and its generalization in legal practice is analyzed. It is noted that international law has singled out an important component of access to justice, which is the right to access international mechanisms for ensuring the protection of human rights. It is emphasized that the justice system can use the norms of international law, including anti-discrimination norms. The key in this process is ensuring access to justice, which is an important basis for the conclusion of international treaties and the effective functioning of international human rights organizations.

Protection of Consumer Rights and Reduction of the Burden of Proof for Damages in Food Safety Damage Compensation Cases

Protection of Consumer Rights and Reduction of the Burden of Proof for Damages in Food Safety Damage Compensation Cases

LCD International Cartel and Damage Compensation -based on Seoul Central District Court Judgment 2014gahap504385-

LCD International Cartel and Damage Compensation -based on Seoul Central District Court Judgment 2014gahap504385-

Review on compensation for damages of clinical trial subjects due to commercially available drugs in clinical trials

Review on compensation for damages of clinical trial subjects due to commercially available drugs in clinical trials

Procedural Aspects of Overcoming Sovereign Immunity: Relevance for Ukraine and the International Legal Order (SDG'S)

Objective: The object of this research article is the procedural domestic and international aspects of overcoming the sovereign immunity of a State that has committed military aggression, violating international humanitarian law and human rights law, with a focus on compensation for the damage caused by such actions. Method: The method of study involves a critical analysis of the approaches taken by the Supreme Court of Ukraine to overcome jurisdictional immunity, in light of international law norms. The authors employs a combination of legal analysis, case law examination, and comparative analysis of international practices to evaluate the compliance of the court's decisions with conventional provisions on compensation for damages. Results: This research article analyses the procedural domestic and international aspects of overcoming the sovereign immunity of a State whose military aggression has violated international humanitarian law and human rights law, and on this basis raises the issue of compensation for the damage caused by such actions. Special attention is paid to the approaches to overcoming jurisdictional immunity by the Supreme Court of Ukraine. Taking into account the norms of international law, the author critically analyses the court's compliance with the conventional provisions establishing the procedure for consideration of cases on compensation for damages. The aggressor State's disregard for the norms and principles of international law, sovereignty of other States, and international good faith does not give rise to a disregard for the norms of international law based on the principle of reciprocity. The author emphasises that compliance with the rules on court proceedings must comply with the conventional requirements, and this should be the basis for national case law on school compensation. The authors analyses legal immunities and jurisdictional immunity of the State in particular in the context of ensuring justice, which, according to international standards, is the basis for fair treatment of victims of armed aggression and ensuring access to justice. Contribution: It is noted that the application of the rules of jurisdictional immunity is the basis for limiting the right to a trial, which should be proportionate. The authors identifies the prospects for the development of international practice of interpreting the areas of ensuring the right to a fair trial, in particular, based on the practice of international courts. The author summarises the directions of changing approaches to the validity of the application of absolute immunity, and the dynamic interpretation of the legitimate purpose of limiting the right to a court, which is necessary and permissible provided that the essence of this right is preserved. The author emphasises the importance of the effectiveness of reparations as a principle and its significance for the development and provision of transitional justice in Ukraine.

Change of situation as a basis for exemption from criminal responsibility for illegal felling, transportation, storage, sale of forest (Article 246 of the Criminal Code of Ukraine): problems of judicial practice

The article carried out a critical analysis of the judicial practice of exemption from criminal liability in connection with the change in the situation of persons who have committed a criminal offense provided for in Art. 246 of the Criminal Code of Ukraine, as a result of which existing problems in this area were identified and scientifically based ways of overcoming them were proposed. In particular, it was proven that the most common mistake made by domestic courts when acquitting persons who have committed a crime, provided for in Art. 246 of the Criminal Code of Ukraine, there is the fact that the application of Art. 48 of the Criminal Code of Ukraine is permanently justified by compensation for the damages and circumstances that should actually be considered only in the context of the individualization of criminal responsibility (such as the absence of a criminal record, sincere remorse). It is concluded that such a practice clearly does not stimulate law-abiding behavior, since in the worst case, the one who committed illegal logging «is threatened» with only full compensation for the damage caused, without serving any punishment for what he did. It is also stated that the appropriate approach is based on ignoring the obvious fact that the change of situation as a relatively objective type of exemption from criminal responsibility does not depend on the willpower and post-criminal behavior of the subject of the criminal offense. Arguments are given in favor of supporting the position of those courts that, demonstrating a principled position, instead of the usual formal approach, carefully study the existence of grounds for satisfying the relevant requests and, in particular, note that all the above-mentioned circumstances are not sufficient by themselves and cannot convincingly testify about a change in the situation and a person’s loss of social danger to such an extent that it makes it impossible for him to commit another criminal offense. Key words: criminal responsibility; exemption from criminal liability; punishment; change of situation; illegal felling, transportation, storage, sale of forest; contrition; post-criminal behavior; losses; compensation for damages; public danger.

Climate litigation and financial markets: A disciplinary effect?

Climate litigation has witnessed a surge in recent decades, raising questions about its economic and financial implications. This paper investigates the disciplinary effect of climate litigation on corporations, focusing on stock price movements for targeted firms and their industry peers in response to announcements of lawsuit filings and negative court decisions. By using a combined event study and panel regression methodology for 77 lawsuit filings and 19 negative decisions that occurred between 2005 and 2021 in North America or Europe, we find that market reactions are quite limited. On average, lawsuit filings do not lead to stock price declines for targeted entities and their industry peers, indicating a lack of perceived financial threat by financial markets. Negative court rulings, while slightly affecting targets, do not result in spillovers to industry peers. However, nuances emerge, revealing that an increased frequency of lawsuits filings generates stronger stock declines for the industry around new filings. Regarding claims, legal actions seeking compensatory damages result in more negative stock returns when initiated. Also, lawsuits brought by individuals and NGOs, as opposed to government bodies, lead to stronger negative market reactions towards targets and peers around both filings and negative decisions. In the end, despite attracting significant media attention, our findings suggest that the disciplinary effect of climate litigation has been relatively weak thus far.

Understanding the impact of marine oil spill on corporate performance for improving oil spill claims system

Marine oil spill disasters occur frequently and have serious economic impacts on coastal activities. Taking the Penglai 19–3 oil spill (PL 19–3 oil spill) event as an example, this paper employs a difference-in-difference estimation method to examine the impact of marine oil spill on corporate performance. The main results show that the PL19–3 oil spill reduces the net revenue of marine enterprises relying on the Bohai Sea and coastal resources, as high as 102.8 %. In the aftermath of the PL19–3 oil spill, there was a fluctuating and increasing trend of the negative impacts on the net profits of marine companies, indicating the long-term persistence of negative impacts. Furthermore, heterogeneity analysis reveals that the marine secondary industry is more likely to be affected by the PL19–3 oil spill than the marine primary and tertiary industries. The marine tertiary industry is the least affected. Oil spill disasters are also found to reveal great influences on non-state-owned and young enterprises. This study provides a reference for improving the scope of oil spill claimants and is conducive to further improving the mechanism for claiming compensation for damage caused by marine oil spills.

A critical analysis of Massmart Holdings and Others v South African Commercial Catering and Allied Workers Union [2022] ZALCJHB 119

South African law under the Labour Relations Act 66 of 1995 (LRA), as amended, confers on the Labour Court the power to adjudicate on issues relating to strikes and to grant an interdict and/or order the payment of just and equitable compensation for any loss attributable to the strike or lockout. At least 48 hours before the strike, workers or their trade unions must give written notice of their intention to strike to the employer, the applicable negotiating council, and the Commission for Conciliation, Mediation, and Arbitration. If a strike follows the law, workers who take part in it are shielded from being fired for no other reason than that they are striking. Employees on strike and their trade unions are shielded from lawsuits for any losses or harm sustained while on the protected strike. During an unprotected strike, workers lose the legal protections afforded by labour laws, leaving them open to legal action and possible termination. In the case under review - Massmart Holdings and Others v South African Commercial Catering and Allied Workers Union [2022] ZALCJHB 119 - the trade union, from whom the employer sought compensation for damages caused during a protected strike, objected to the Labour Court's jurisdiction as derived from the LRA. This article provides a critical review of the Labour Court's jurisdiction, particularly in the light of section 68 of the LRA, to order compensation. The analysis revisits previous judgments to test the correctness of the judgment given in the Massmart case.

Analysis of human and wildlife coexistence in national parks; the case study of okomu and cross river national parks, Nigeria

Human-wildlife conflicts occur in areas where frequent interactions exist between man and wildlife, leading to conflicts. This study undertook a critical analysis of human and wildlife co-existence between two National Parks in Nigeria. Surveys conducted with eight communities shed light on conflicts and how to improve human-wildlife co-existence based on the following criteria: benefit accrued to the community and compensation. A survey was conducted in eight communities to examine the level of conflicts between the communities and wildlife in the area and how to improve human wildlife co-existence based on the adoption of benefit sharing and compensation for crop damage in the management of the two parks. A multistage sampling technique was employed, including a purposive sampling design used to select the communities and a simple random sampling technique used to determine households to participate in the survey. Data was collected from households in communities adjacent to Cross River National Park (n = 203) Okomu National Park (n = 198). The results indicate that to improve co-existence with wildlife, The findings of the research recommend more focus on local social and economic benefits, wildlife compensation, and special attention to reducing conflicts through mitigation strategies.

Доказывание морального вреда и возможность его нейтрализации в форме извинения

the Ministry of the Interior of the Russian Federation, PhD (Law), Associate Professor Issues of compensation for moral damage have been the subject of scientific discussions since the early 1990s. The focus has always been on the issue of proving the level of emotional experiences, methods and forms of compensation for moral damage, and how the judge’s internal conviction is formed in resolving these issues. We substantiate that in practice, an apology is perceived as a form of compensation for moral harm and serves as a circumstance mitigating punishment by neutralizing the consequences of a criminal act, which is the reason for introducing amendments to the current legislation of Russia.

Analysis of agricultural land acquisition, effect and compensation for damage by state in Vietnam

Analysis of agricultural land acquisition, effect and compensation for damage by state in Vietnam

Out-of-plane shake table tests on solid masonry walls with timber floors

Out-of-plane (OOP) collapse is one of the most observed damage types in masonry structures during strong earthquakes. OOP strength of a masonry wall depends on several parameters such as the dimensions of the wall, vertical restoring force, boundary conditions and material properties, which are parameters creating complex kinematics during an earthquake. Testing of OOP response of a masonry wall is thus a challenging task, also because additional to the complexities mentioned, the seismic forces triggering OOP are caused by inertia of the wall itself, a phenomenon that needs dynamic testing. All these facts make shake table tests of masonry walls for capturing the OOP response extremely relevant. This paper presents shake table tests on a total of four wall specimens, two of which were reference walls and the other two were strengthened solid masonry walls. The tested walls built to represent the characteristics of Groningen houses built before the Second World War and also the historical masonry structures in the region. The strengthening methods applied are the deep-mounted carbon strips embedded in flexible epoxy and helical bars applied in mortar beds. The shake table tests presented here show that OOP specimens not including the additional masses imposed by the floors may oversee important kinematic response characteristics of the walls. Furthermore, tests have also shown that even serious cracks caused by OOP response close when the shaking stops, which causes damage on the walls and significant decrease in the stiffness, but they are extremely difficult to be caught by human inspection. This has consequences in terms of ongoing damage inspection and compensation efforts taking place in the Groningen gas field. The strengthening methods applied to the two specimens have shown clear improvement in strength, and a partial improvement in progression of damage.

Legal Basis and Procedures Unification on Oil Spill Damage Compensation In International Convention on Civil Liability for Oil Pollution Damage (1992) and The International Convention on Civil Liability for Bunker Oil Pollution Damage (2001): on Indonesian International Private Law Perspective

Legal Basis and Procedures Unification on Oil Spill Damage Compensation In International Convention on Civil Liability for Oil Pollution Damage (1992) and The International Convention on Civil Liability for Bunker Oil Pollution Damage (2001): on Indonesian International Private Law Perspective