COMPENSATION FOR DAMAGE, CAUSED BY AN UNCONSTITUTIONAL REGULATORY AND LEGAL ACT, ON THE BASIS OF ART. 1175 OF CIVIL CODE OF UKRAINE: ANALYSIS OF COURT PRACTICE

Abstract

This scientific article focuses on the issue of the possibility of applying Art. 1175 of the Civil
Code of Ukraine as a basis for compensation for damage, caused to a person as a result of recognition of a
normative legal act as unconstitutional. An attempt was made to analyze the currently formed national judicial
practice, regarding the possibility of applying Art. 1175 of the Civil Code of Ukraine in such cases. It was
determined that there is no single approach to this issue in judicial practice: there are courts that, on the basis
of Art. 1175 of the Civil Code of Ukraine satisfy claims for compensation for damage, caused as a result of the
unconstitutionality of a normative legal act, and there are those who, in similar court cases, refuse to satisfy
claims for compensation for damage on the basis of the norm of the above-mentioned article. An attempt was
made to analyze the reasoning of the courts, which make decisions on the satisfaction of claims and assign
compensation for damage, caused as a result of recognizing a normative legal act as unconstitutional, on the
basis of Art. 1175 of the Civil Code of Ukraine, as well as the arguments of courts that refuse to grant such
claims. Also, an attempt was made to analyze some positions of legal scholars on the issue of the possibility of
spreading the consequences of Art. 1175 of the Civil Code of Ukraine on legal relations that arise as a result of
causing damage by a normative legal act that was recognized as unconstitutional. It was defined that there is
no unanimity on this issue in the scientific environment of lawyers-scientists: there are both supporters of this
approach and opponents. It is worth noting, that the argumentation of scientists who are supporters of the idea
of the possibility of applying Art. 1175 of the Civil Code of Ukraine as a basis for compensation for damage
caused as a result of the recognition of a normative legal act as unconstitutional, as well as scientists who are
opponents of such an idea, is partially similar to the argumentation used by courts that apply Art. 1175 of the
Civil Code of Ukraine in such cases, and which refuse such application, respectively