Issue: № 6, 2026
Doi: https://doi.org/10.37634/efp.2026.6.5p
This paper presents a comprehensive theoretical and legal analysis of the institution of civil liability in Ukraine against the backdrop of current transformations in private law relations. The study focuses on identifying key trends in the development of this institution, its legal nature, functions, grounds for its emergence and specific features of its implementation in the context of European integration processes, the digitalisation of society and the impact of martial law. It is argued that civil liability acts not only as a mechanism of state coercion, but also as a multifunctional instrument for restoring infringed rights, ensuring a balance of interests between the parties and the stability of civil transactions. The paper analyses academic approaches to defining the essence of civil liability, in particular its relationship with the principles of justice, good faith and reasonableness. Particular attention is paid to the issues of no-fault liability, contractual and non-contractual liability, as well as compensation for pecuniary and non-pecuniary damage. It has been established that the contemporary development of the institution of liability is characterised by an expansion of its functional scope, in particular the strengthening of its compensatory and preventive components. Considerable attention is paid to the influence of European legal standards and the case law of the European Court of Human Rights on the development of the national model of civil liability. It is emphasised that the harmonisation of Ukrainian legislation with EU law contributes to the modernisation of mechanisms for the protection of civil rights. The impact of digitalisation and martial law, which give rise to new challenges for the legal regulation of civil relations, is examined separately. It is concluded that the institution of civil liability in Ukraine is undergoing dynamic development and requires further theoretical analysis and legislative refinement in order to enhance the effectiveness of civil rights protection and ensure the stability of private law relations.
Keywords : civil law, the concept of liability, civil relations, harmonisation of legislation, European legal standards, the European Court of Justice
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