Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Верстка Криміналістика 2019 6.05. 677 688 Завантажень: 1, розмiр: 335.7 KB

DOI: https://doi.org/10.33994/kndise.2019.64.64

O. Markina; T. Paientko

The article is devoted to the generalization of methodical approaches to the estimation of the lost profit. In the process of assessing lost profits, two main issues can be identified. The first one is what can actually be qualified as a lost profit, what its features and how to prove that such a profit could indeed be obtained. The second is how to actually measure the profit that has never been received.

The purpose of the article is to determine the approaches to estimating lost profits taking into account the peculiarities of the Ukrainian economy. The theoretical approaches to the definition of the essence of lost profits are systematized. It is substantiated that the missed profit is the estimated value of losses in the increment of the income of the aggrieved party, which is based on the evidence, confirming the real possibility of obtaining economic benefits by the aggrieved party, if it was not harmed by acts or omissions of the guilty party.

The judicial practice concerning estimation of the lost profit is analyzed. The algorithm of establishing the fact of the lost profit and its estimation is developed. The algorithm consists of four stages: the detection of the violation of the law, the establishment of the consequences of the violation of the law, the establishment of the fact of the purpose of damages and their form, assessment of the magnitude of losses.

The approaches to estimating lost profits are systematized. It has been determined that direct approaches can be applied in the presence of relevant information and provided that there is a direct link between the committed violation and the loss of profit. It is substantiated that valuation approaches are based on the use of valuation procedures for the accumulation of income that was not received by the aggrieved party as a result of the commission of unlawful actions against it. Methods based on the valuation approach include the comparison of revenues (cost or level of capitalization) before and after an event related to unlawful actions. The complexity of applying valuation approaches is the need to eliminate the influence of concomitant factors, which could also cause harm, but they were not related to unlawful actions. It is determined that in assessing lost profits it is important to prove the fact of the lost profit and its connection with the committed violation of law. One of three approaches can be used to estimate the amount of lost profit: direct, estimated or mixed. The choice of a particular method depends on the specifics of the research object.

Key words: missed profit, valuation methodology, unearned profits, moral harm.