ON THE ISSUE OF CAUSATION IN LIABILITIES OF COMPENSATION FOR DAMAGES CAUSED BY THE ATTRACTIONS

Abstract

The article focuses on the peculiarities of obligations to compensate for damage caused by attractions, namelythe causal link, as one of the fundamental conditions for the occurrence of the obligation.The main theories of causation are studied. It is established that two theories are fundamental for Ukraine: directcausation, on which the construction of obligations to compensate for damages in judicial practice, and the theoryof necessary and accidental relations, which prevails in the Ukrainian civil doctrine.The definition of the concept of the attractions is analyzed, and the main links of causation are characterized bythe obligation to compensate for the damage caused by the attractions.The firstly identify and analyze the link "relationship between the behavior of the organizer of the attractions andits operation." The main element of the link – the duty of care – has been studied.The link "the connection between the operation of the attractions and the damage as a result" has been studied andanalyzed. On the basis of theoretical considerations and case law, the main reasons characteristic of this chain are identified: depreciation of a certain mechanism; unpredictable action of the attraction (error of the virtual attractionssoftware); operator error, etc.It is noted that the specific behavior of a person (his actions or inaction), which directly serves the attractionsand gives permission for its operation, should be distinguished directly from the general activities of the attractions,which creates an increased danger to others.Emphasis is placed on the fact that there are three links in the activities of attractions (the relationship betweenthe behavior of the organizer of the attractions and its operation; between the operation of the attractions and thedamage as a result; between the behavior of the person responsible for maintenance and inspection that occurred)do not contain the cause of the damage. The fourth link is based on the connection between the damage caused andthe reasons not related to the activities of the attractions. In this case, we are talking about indirect causes.The existence of the fifth link of causation in the obligations to compensate for damage caused by the attractions –the link "the relationship between the activities of several attractions" was studied and substantiated.It is proposed to introduce in the Civil Code of Ukraine "presumptions of duplicate causation".