Legal and technical tools for satisfaction of damages claims
In this article, based on the analysis of scientific sources, current regulations, as well as materials of law enforcement practice, the legal mechanisms for satisfying requests for compensation for losses caused to participants in property turnover by offenses focused on the subjective rights of the victims and characterized by the guilty action of an active or passive type subject (depending on on the nature of the violated relationship), which do not comply with the established legal order (including the requirements previously determined by the parties to the contract) and without fail cause harm by violating the subjective rights of specific subjects involved in civil relations in the structure of which the corresponding violation took place. In the course of the study, problematic aspects of the practical implementation of the legal mechanism under study are identified, proposals for their elimination are formulated and substantiated. The legislator is invited to seek other (except for liability) mechanisms for the distribution of resulting property losses in the absence of a guilt factor. An instrumental option for solving the problem posed can be a liability insurance mechanism or the formation of specialized funds and other variations. A number of researchers in this aspect indicate that there is a need to differentiate responsibility by drawing a demarcation line in relation to relations that have only an external approximation of responsibility, but are not meaningfully responsible, due to the lack of a complete composition.