Zavadska O. Terms of Civil Liability for Harm Caused by a Terrorist Act

The dissertation is devoted to the identification of general laws and specific features of the terms of civil liability for the harm caused by a terrorist act, as well as to the development of specific proposals and recommendations for improving the legal regulation of civil relations related to compensation for harm. The dissertation discloses a terrorist act as a civil law category. It defines the features and proposes the concept of civil liability for the harm caused by a terrorist act. The subjective composition of civil liability for the harm caused by a terrorist act is characterized. It has been proved that the state of Ukraine is obliged to bear civil liability for the harm caused by a terrorist act in the territory of Ukraine both to legal entities and to individuals regardless of their citizenship of Ukraine. The procedure for realization of the right of a return claim to the harmed persons by the state, which compensated the harm caused by a terrorist act to legal entities and to individuals has been offered. Peculiarities of material and non-material harm caused by a terrorist act have been characterized. It has been established that the amount of compensation cannot be reduced on the grounds of gross negligence of the victim and the material wealth of the person who made the damage. The presumption of non-material harm and the grounds for refusing to satisfy an individual’s claim for non-material harm caused by a terrorist act against the family members have been proposed.