DEVELOPMENT OF THE TORT LAW SCHOOL IN ST. VOLODYMYR UNIVERSITY – TARAS SHEVCHENKO NATIONAL UNIVERSITY OF KYIV

In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 118, S. 80-85

Abstract

The paper deals with a research of Tort law school development in St. Volodymyr's University – Taras Shevchenko National University of Kyiv. The purpose of the research is to analyse the development of the Tort law school and to study the main trends and key directions of the development. The author applied lots of different research methods, among which were historical and legal method (for the analysis of the works from the past), analysis and synthesis (for stating the peculiarities of the research approaches in different studies' periods). Also, such methods as philosophy methods (dialectic and hermeneutic), general research methods (systemic and structural-functional), general logic methods (induction and deduction, analogy, abstraction, generalization, formalization, and modelling) were used.
The topic of civil torts was interesting for the researchers from Kyiv University law school any time while the depth of interest and research approaches differed depending on the historical period. Before the revolution of 1917 the researchers mostly looked on the torts as on the type of civil obligation and the reward for damage caused. No one treated the torts from the standpoint of a type of civil liability at that time. The Soviet period of the Tort law School development was characterized by a change of the research vector. The researchers started focusing on civil torts as liability rather than civil obligations. Tort liability is a type of civil liability and the latter is a type of legal liability. That causes a regime when the researchers (some well-known names of that time are: Gennadiy Matveev, Yuriy Matveev, Dina Bobrova, Yaroslavna Shevchenko etc.) mostly analyse civil tort as a civil liability. They focused their attention on the foundations and the conditions of tort liability. Precisely at that time, the theory of "civil wrong compound" as the main foundation of civil liability appeared. Independent Ukraine spawned a new pleiad of researchers whose research interest was civil torts. Modern civil law doctrine started refusing the understanding of civil tort as a type of civil liability. It comes back to the tort as a type of obligation. Moreover, modern researchers look on the tort's issues much wider – through the prism of legal regulation mechanism. Constantly, modern researchers of Taras Shevchenko National University Law School pay great attention to the new topical spheres of torts, particularly to non-pecuniary damage compensation, damage compensation caused by the State and State agencies and product liability together with digital product liability. Keywords: tort, civil liability, damage compensation, history of legal research, scientific school.