Актуальні проблеми застосування цивільно-правової відповідальності в Україні

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Authors: В. М. Каплиста, О. С. Кочина
Cited by: 0

Abstract

The article is devoted to the study of contemporary problems in the application of civil liability in Ukraine under the conditions of martial law, digitalization, and the development of advanced technologies. It emphasizes that the full-scale armed aggression of the Russian Federation has significantly affected the nature of civil legal relations, leading to an increase in disputes related to non-performance of contractual obligations, compensation for damage, and the application of force majeure circumstances. Particular attention is paid to the difficulties of proving the elements of a civil offense, especially the causal link, in situations of limited access to evidence and loss of property as a result of hostilities. The article analyzes scholarly approaches to understanding the specifics of civil liability during martial law and outlines the risks of abusing the force majeure doctrine as a universal ground for avoiding contractual liability. The necessity of improving legislative regulation of the procedure for confirming force majeure circumstances and defining the legal consequences of their bad-faith use is substantiated. A separate part of the study focuses on issues of civil liability in the field of artificial intelligence. The absence of a clear normative definition of the subjects liable for damage caused by autonomous systems is highlighted, and the feasibility of introducing a differentiated liability approach depending on the risk level of such technologies, as well as liability insurance mechanisms, is justified. The article also examines civil law aspects of counteracting cyberbullying, including problems of identifying offenders, collecting digital evidence, and determining the amount of moral (non-pecuniary) damage. The conclusion emphasizes the need to develop unified approaches in judicial practice and to comprehensively improve legislation in order to ensure effective protection of the rights of participants in civil legal relations under modern challenges. The paper highlights the preventive function of civil liability and its importance for minimizing the negative consequences of military and technological risks.

Fields of Study & Subjects

Ukrainian Legal and Forensic Studies Comparative International Legal Studies European and International Contract Law

Publication details

Journal / source
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Publication date
23 February 2026
Language
UK