Open AccessSOME ISSUES OF ESTABLISHING THE REASON FOR TECHNICAL DAMAGE TO THE PROPERTY AND DETERMINATION OF THE MATERIAL DAMAGE AS A RESULT OF THE PURPOSE
Author(s) -
V. Simonenko,
I. Demuzenko
Publication year - 2019
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.2.2019.42
Subject(s) - damages , harm , legislation , property (philosophy) , law , forensic engineering , political science , engineering , philosophy , epistemology
According to the Resolution of Plenum of the Supreme Court of Ukraine of 27. 03. 1992 № 6 «About practice of consideration by courts of civil cases on claims for compensation of harm» , considering claims for compensation of harm, courts are guided by that the harm caused to the person and property of the citizen is subject to compensation in full by the person which caused it, provided that actions of the last were illegal, between them and damage is the direct causal connection and there are wines of the specified person
The article presents some of the problematic issues that arise in the study of the causes of technical damage to property and the definition of material damage as a result of flooding. The relevance of the subject of the article, which is emphasized by the availability of appropriate techniques developed by specialists of state specialized institutions, in particular, forensic experts of the Kyiv research Institute of forensic examinations and the Odessa research Institute of forensic examinations. The definition of the current legislation on material damage is given.
The article also points to the need to establish an appropriate defendant in civil disputes that arise when considering material damage, in accordance with the current provisions on the maintenance and maintenance of the housing stock. Fixing of damages is carried out by means of the act of pouring, full-scale inspection, photo fixation.
A comprehensive study of the initial data during the survey allows us to provide a clear, impartial opinion on the technical causes of damage and material losses due to flooding.
The above information can be used in judicial construction and technical expertise on technical causes of damage and material damage due to flooding.