СONTRACTORS RESPONSIBILITY FOR LOSS, SHORTAGE, DAMAGE, ACCORDING TO BIOLOGICAL MATERIAL PERSONAL STORAGE CONTRACT

Contractual relations arising from personal biological storage contracts are new for Ukrainian law of obligations. This topic has not previously been the subject of research in Ukrainian legal science. That is why, the study of the issue of liability under such agreements is relevant. This work analyzes the provisions of part 2 and part 3 of article 950 of the Civil Code of Ukraine from the point of view of their applicability to the regulation of civil liability under contracts for the personal storage of biological material and the grounds for exemption from liability of a professional custodian. The domestic and foreign contractual practice of regulating the responsibility of the contractor of personal storage services has been investigated. The analysis and interpretation in the context of the specifics of the relations under study, three cases that relieve the professional custodian of responsibility, such as: force majeure, properties of the storage object, about which the keeper, taking it for storage, did not know and could not know; intent or gross negligence of the depositor. As a result of the analysis, it was concluded that for the effective application of the considered norms of the Civil Code of Ukraine regarding the liability of the biobank manager for the loss, shortage or damage of biological material, it is necessary to develop special standards for documenting and fixing the amount of biological material depending on its type, as well as the procedure for its objective verification before issuing to the customer for compliance with quantitative and qualitative indicators. At the same time, it has been emphased, that the obligation of the contractor to issue a document containing all the qualitative and quantitative characteristics of the storage facility, when accepting biological material for storage, need to established in the legislation.