Problems of correspondence between contractual and tort liability in the Civil law of Ukraine

The article explores the regulation of civil legal relations between parties arising from the breach of contract terms and the infliction of harm in Ukraine, specifically analyzing the correspondence between the grounds for the emergence of such legal relations. Although the topic of the relationship between contractual and tort liability has been addressed by scholars repeatedly, there is still no consensus on resolving this issue in Ukrainian legal doctrine. The doctrine contains many contradictions and gaps, negatively impacting the level of legal science, which is reflected in the quality of national civil legislation. The research analyzes the theoretical foundations of the legal phenomenon of legal liability in the context of defining the legal nature of contractual and tort liability. It examines scientific approaches and general principles underlying Ukrainian civil legislation, focusing on the correspondence between types of liability and the grounds for applying corresponding liability measures. The analysis also delves into Ukrainian legal doctrine regarding contractual and tort liability, highlighting the problems and contradictions that have led to legal uncertainty on the research topic. The current state of Ukrainian legislation indicates the absence of a systematic approach to defining and regulating contractual or tort liability. The Civil Code of Ukraine does not contain such definitions or use such concepts in its provisions. While these concepts are common in legal theory, the array of different, often conflicting, scholarly positions prevents the formation of a unified conclusion. Due to the legal uncertainty arising from theoretical approaches in relating contractual and tort liability, there is still a need for further research on this matter. As a result of this article, an analysis of the imperfections of Ukrainian legal doctrine is conducted, and ways to address legal uncertainty are proposed.