УПУЩЕНА ВИГОДА ТА УМОВИ ЇЇ ВІДШКОДУВАННЯ У ЦИВІЛЬНОМУ ПРАВІ УКРАЇНИ, РОСІЙСЬКОЇ ФЕДЕРАЦІЇ ТА США

Abstract

The author concludes that the civil legislation of Ukraine is characterized by incomplete regulation of issues related to compensation for lost profits today. The legal nature of the lost profits was analyzed. In addition, the author paid attention to the procedure of proving the existence, as well as the correctness of calculating the amount of lost profits, considered through the prism of both Ukrainian, Russian and American legislation.
In the article of the work the author describes the reasons for the connectivity contumacy of the procedure for proving the loss of profits with some difficulties. The article also pays some attention to the legislative regulation of the question under consideration in the framework of Russian civil law, and also notes significant regulatory changes in the field of compensation for lost profits, which allowed individuals to protect their violated rights more effectively.
The author also considers this issue through the prism of the laws of such American states as California, Texas and Virginia, as well as American judicial practice. Through analysis, attention is focused on the differences in the legal securing of lost profits, as well as on the commonality of the means of proving its amount.
The author proposes to amend some of the legislative acts of Ukraine, as well as to adopt a corresponding law, with the aim of improving the legal regulation of problematic issues of the topic under consideration. The author considers it expedient to establish forensic expert commissions within the framework of state specialized agencies, whose scope of activity would include giving conclusions on the existence of lost profits, as well as the correctness of calculating its amount.