Поняття та умови настання професійної відповідальності аудитора

The relevance of this study is determined by various socio-legal factors. In the context of economic reform in Ukraine and the harmonization of national legislation with European Union standards, the importance of auditing as a tool for ensuring the reliability of financial statements and client confidence in financial information is increasing. The issue of auditor professional liability is particularly pressing. The tightening of the requirements of the Audit of Financial Statements and Auditing Activity Act of Ukraine and the increasing role of public control necessitate a more in-depth study of the legal aspects of auditor professional liability. The study of auditor professional liability aims to improve the mechanisms for regulating auditing activities, enhance the quality of audit services, and strengthen trust in this profession. The source base for the research is the national legislation of Ukraine, the study and comparison of which requires a systematic approach to research methods, specifically the use of dialectical, logical-legal, systemic-structural, forecasting, and comparative law methods. Particular attention should be paid to the analysis of case law examples. The article firstly concludes that the auditor’s professional liability applies to an individual (auditor) who has confirmed their qualifications to perform auditing activities, has relevant practical experience, and is registered in the Register of Auditors and Audit Entities, or a business entity (audit firm) that audits financial statements and conducts audit activities in accordance with international auditing standards and may also provide non-audit services, if they cause harm to business entities and/or third parties due to failure to perform or improper performance of their professional duties, and state enforcement measures in the form of sanctions (additional encumbrances/rights) of a third party. Secondly, it is established that the auditor professional liability shall arise only under the following grounds: the auditor’s wrongful conduct, damage caused to the client, causation, and regardless of the auditor’s guilt.