As Ukrainian law does not contain a definition of “goodwill”, there has been some discussion about the circle of persons to whom this term can be applied. For example, there was an approach that only a legal entity or a sole proprietor may have a business reputation, that is, the existence of a business reputation was associated with the conduct of an economic activity. Over time, this position has changed, and it is now recognized that everyone has a business reputation, like a name.
Currently, Ukrainian law stipulates that the amount of non-pecuniary damages is determined at the discretion of the court, whereby in the same circumstances the same court awards completely different amounts of non-pecuniary damages. Having a substantive evidence base reduces the risk of non-pecuniary damages by far less than claimed. Such evidence may include: written evidence (for example, medical reports that confirm the harm to health by disseminating certain information); psychological examination on determining the amount of non-pecuniary damages; testimony of witnesses, etc. It should be emphasized that when claiming the amount of damages or non-pecuniary damages it will not be superfluous to provide evidence of the level of goodwill of a natural or legal person. For example, evidence that confirms a person’s social status or reputation as a consumer.
