THE CONCEPT AND LEGAL NATURE OF A CIVIL LIABILITY INSURANCE CONTRACT FOR NUCLEAR DAMAGE

Abstract

The article examines the peculiarities of the legal nature of a civil nuclear liability insurance contract and provides a definition of the concept of a civil nuclear liability insurance contract based on its legal nature. The article demonstrates a thorough and comprehensive approach to the analysis of all aspects that form the legal nature of a nuclear civil liability insurance contract, which allows for a better understanding of the essence and areas for improving one of the main mechanisms for protecting victims in the event of nuclear incidents and ensuring the fulfilment of obligations of nuclear operators. The results of the study are important in the context of the ongoing aggression of the Russian Federation against Ukraine, where the risks of nuclear damage are increasing due to both energy shortages and fluctuations in the power system and deteriorating operating conditions of nuclear facilities. The article covers both international regulation, in particular the Vienna Convention, and national legislation of Ukraine, as well as legislation of some other countries. The research methodology is based on legal analysis of international and national legal acts, comparative legal analysis of different nuclear risk insurance systems. Particular attention is paid to the financial aspects of insurance, the current dynamics of insurance costs in Ukraine and the model of ensuring payments in the event of an insured event. The main conclusions of the study emphasise the effectiveness of the insurance contract as a risk management tool in the nuclear sphere, while emphasising the need for further improvement of national mechanisms, including regulation of the procedure and rules for concluding civil nuclear liability insurance contracts, regulation of the model contract – in the context of the ongoing aggression of the Russian Federation, and implementation of international standards.