LOSS ADJUSTING FOR BREACH OF THE OBJECT SAFEGUARDING AGREEMENT (ON THE EXAMPLE OF THE PROTECTION POLICE OF UKRAINE)

Анотація

The aim of the Article is provide a comprehensive analysis of the issue of loss adjusting for breach of the Object Safeguarding Agreement by the Protection Police of Ukraine. For this purpose, a set of legal acts of Ukraine regulating this issue have been processed, as well as scientific works of Ukrainian and foreign scholars concerning this problem have been studied. Research methods. The research used general scientific and special methods of legal science, in particular, dialectical method, analysis and synthesis method, logical and semantic method, hermeneutic method, normative and dogmatic method, statistical method. Results. As the result of the study, it has been established that currently the Ukrainian legislation does not provide for standard Object Safeguarding Agreement. Thus, in order to properly protect the rights and interests of the parties to this agreement, we have analyzed the current legislation of Ukraine and the case law to determine what types of harm and to what extent are they subject to compensation. It has been substantiated that the Protection Police of Ukraine is responsible only for damages caused in certain ways (theft, robbery, etc.) and compensate only direct damage; the loss of profit and non-pecuniary damage are not subject to compensation. By relying on the research, it has been proved that full responsibility on the Protection Police would be an obstacle to the conclusion of the Object Safeguarding Agreement. Conclusions. As Ukrainian law does not enshrine a standard contract for the protection of the object, the parties are entitled to specify its terms on their own, including the features of bringing the parties to responsibility in case of non-performance or improper performance of the contract. The magnitude of the damage to be reimbursed is limited by the amount of direct damage caused to the owner of the protected property. The limited liability of the Protection Police is due to the impossibility of establishing full control over the protected property, the risky nature of the contract, the transfer of the object under protection without prior inspection of the property.

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