CONTEMPORARY CHALLEGES IN THE RESTITUTION OF LOST PROFITS

Abstract

Background. The research is based on the necessity of addressing complex legal issues related to the compensation for lost profits, particularly those arising from conditions of a state of war. The relevance of such analysis is determined by the need to develop effective mechanisms for compensating lost profits and formulating practical recommendations for its recovery in conditions of legal instability. The aim of this study is to elucidate current approaches to understanding the concept of lost profits and to formulate strategies for addressing the issues of its compensation by determining the criteria for satisfying court requirements for its recovery. 

Methods. The article is grounded in the provisions of civil legislation of Ukraine and other countries, national and international judicial practice, legal doctrine, employing a comparative legal approach, formal-logical methods, as well as methods of analysis, deduction, and generalization. 

Results. The study examines the issues of proving and determining the extent of lost profits, analysing existing mechanisms for its compensation in conditions of a state of war due to armed aggression, hostilities, terrorist acts, and sabotage committed by the russian federation. 

Conclusions. The main problematic aspects regarding the procedure of compensation lost profits are highlighted, focusing in the conditions of such compensation. Emphasis is placed on the problem of proving the existence of elements of a civil offense in the actions of the perpetrator of the damage and the availability of proper, admissible, credible evidence for obtaining compensation for lost profits. It is determined that the assessment of damages suffered by the victims is carried out though analytical evaluation, standardized, independent assessment by 
appraisal entities recognized by the Law of Ukraine "On the Evaluation of Property, Property Rights, and Professional Evaluation Activities in Ukraine", adhering to national standards for property valuation and International Valuation Standards, taking into account the specifics defined by these General Principles and methodologies for assessing damages and losses. Analysing the experience of previous years, considering legislative novelties and 
subordinate normative legal acts, practical advice for compensating lost profits due to armed aggression by the russian federation is formed, and 
ways to obtain such compensation are proposed.