Compensation for moral damage caused to higher education institutions due to the war

Abstract

The article is devoted to the study of the possibilities for higher education institutions to apply for compensation for moral damage caused by war. The legal framework of higher education institutions is analysed. In particular, it is noted that their main objectives are to ensure that persons obtaining higher education receive the appropriate degree in their chosen specialties through high-level educational activities. It is concluded that due to the armed aggression of the Russian Federation against Ukraine, it is impossible to fulfil this task in full. At the same time, it is noted that military actions violate the personal non-property rights of a legal entity such as a higher education institution. It is determined that the violation of the right to inviolability of business reputation is the basis for compensation for non-pecuniary damage to legal entities. The concept of business reputation is analysed in Ukrainian legislation and legal doctrine. The author's definition of the business reputation of a higher education institution is formulated as an assessment of the quality of scientific, scientific and technical, innovative and/or methodological activities of pedagogical, scientific and pedagogical and scientific employees of an institution licensed to conduct educational activities at the relevant levels of higher education. The article considers the problems faced by higher education institutions due to the war and which lead to a deterioration in their business reputation,

It is proved that the internal climate in an organisation is essential for the formation of a positive business reputation of a higher education institution. This is due to the existing relationship between the ability of academic staff to carry out educational activities and their sense of security, motivation and favourable working conditions. An important factor is also the ability of students to receive quality educational services and demonstrate high learning outcomes.

The attention is drawn to the fact that at present, Ukrainian legislation does not provide for a special mechanism of compensation for moral damage caused by the war for legal entities. The only generally accepted method of protection is to file a lawsuit in court. At the same time, the recognition of the very fact that higher education institutions can compensate for moral damage caused by the war is an important step towards overcoming the existing problems.

In conclusion, it is noted that there is no universal model for determining the amount of non-pecuniary damage for violations. There is no single formula for calculation, and even indicative criteria are established based on the experience and practice of courts in considering cases in similar legal relations.