Compensation for damage caused by a source of increased danger

The authors of the article emphasize the importance of studying the issue of compensation for damage caused by a source of increased danger as a type of special delict, through the prism of scholarly opinions and the relevance of this problem in light of current law enforcement practice. An analysis of the principles underlying the civilist concept of exercising and protecting civil rights, as well as of the current jurisprudence on non-contractual obligations, allows for a generalization of the specific features and a clarification of the understanding of the term «source of increased danger». Furthermore, it provides a conceptual foundation for improving the legal norms governing this institution during the recodification of civil legislation, taking into account the specifics of damage-causing mechanisms and the conditions under which non-contractual obligations arise. It is noted that the definition of a «source of increased danger» is based on a combination of the concepts of «activity» and «the properties of things». This is justified by the fact that the source of increased danger is not a specific object, thing, or their aggregate endowed with harmful properties per se, but rather the activity involving their use, storage, or maintenance. The authors stress that the legislator has not provided an exhaustive list of sources of increased danger, which fosters scholarly research and the development of common approaches to resolving contentious issues of legislative regulation and law enforcement based on the exercise of judicial discretion. The authors point out that, in order to ensure adequate legal protection for victims, particularly through the application of appropriate legal means for the protection of violated rights, it is essential to consider the legal conclusions of the Supreme Court of Ukraine. These conclusions ensure consistency in the selection and application of legal norms when similar legal disputes are considered by courts of lower instances and other public authorities. The authors highlight the necessity for judicial practice to incorporate the legal positions set forth in the decisions of the Supreme Court of Ukraine, which indicate both the absence of an exhaustive list of sources of increased danger and the urgent need to adapt legal norms to modern realities, particularly those related to the emergence of new objects of legal relation. Thus, the article explores the theoretical and practical aspects of compensation for damage caused by a source of increased danger. It concludes that the state must guarantee safety for its citizens and establish mechanisms for the protection of violated rights in cases of harm caused to legally protected interests.