STAGES OF DEVELOPMENT OF OBLIGATIONS TO COMPENSATE FOR DAMAGED DAMAGES

Abstract

The article discusses a new perspective on the development of damages obligations and current trends in the nature of such obligations. The author proceeds from the concept of tort as a kind of the latter and its gradual transformation into a claim to the delinquent, which can be provided by the activities of public entities of the state and the activities of individual public entities in accordance with their legal status, as well as persons and the use of state coercion. The transition of such legal relations from one stage to another is accompanied by procedural (claim, appeal to the relevant jurisdiction) or procedural actions, when filing a lawsuit, with appropriate burdens for the offender and the victim or his representatives. Accordingly, the pressure on the violator increases and there is a risk of delaying the proper performance of the obligation. The choice of stages belongs to the victim or his representatives. It is proposed to distinguish the stages of: proper fulfillment of the obligation to compensate for such damage as well as other obligations under which the violator voluntarily compensates them; claim, if the violator is a legal entity or body; subsidiary influence on which the victim can involve state institutions, the decision of which depends on compensation for damage as a circumstance that mitigates the guilt of the offender; judicial when the victim files a lawsuit against the violator or the person responsible for him and on the basis of the court decision and further enforcement proceedings are opened.