Особливості завдання шкоди споживачам недоліками товарів, робіт (послуг) в умовах гібридної війни: римське право та сучасність

The article is aimed at defining the features of damage to consumers by the shortcomings of goods, works (services) in the context of hybrid warfare. It is noted that the Roman Maxim «Si vis pacem, para bellum» becomes extremely important in the context of Russia’s armed aggression against Ukraine, since a strong army, modern weapons and readiness to repel the aggressor are needed to achieve peace. Hybrid warfare poses an extremely great danger to the enemy, since various means are used to wage it, that is, hybrid warfare combines traditional military operations with unconventional means of influencing the enemy. The modern hybrid war of the aggressor state of Russia against Ukraine significantly affects the concept of private law, in particular in the sphere of obligations to compensate for the damage caused to consumers by the shortcomings of goods, works (services). Armed conflict causes significant harm to civilians not only through direct consequences, such as death and injury through the use of force, but also through indirect impact. This is manifested in the disruption or unavailability of vital services that meet the basic needs of people, in particular electricity, medical care, water supply, food production and distribution, drainage systems, waste disposal and access to education, etc. Defective products in a hybrid war pose a threat of damage not only to individual consumers, but also to the overall security and economy of the state. The enemy can use this factor to destabilize society. It is concluded that in the context of hybrid warfare, the damage to consumers by the shortcomings of goods, works (services) can be caused by the following circumstances: 1) notification of the population about the threat of air attack; 2) notification of mining of the premises; 3) as a result of damage to life, health of individuals by missile or artillery strikes, or otherwise; 4) destruction or damage to critical infrastructure, in particular transport, energy, gas systems, health facilities; 5) due to product defects; 6) lack of information about the product.