PARTICIPATION OF STATE AUTHORITIES IN DELICT OBLIGATION RELATIONS: PROBLEMS AND SOLUTIONS

Аннотация

The article covered the formation of norms on compensation for damage caused by state bodies, the participation of state bodies in delict relations as a "state institution" as well as a "legal entity" and the importance of this. Also, the specific aspects of delict responsibility of public institutions were explained. It was substantiated in which cases the obligation of state bodies to compensate for damage should be paid from the state budget and in which cases at the expense of their own extra-budgetary funds. The opinions of Civilist scientists expressed by officials of state bodies on the issue of compensation for damages caused by unlawful decisions, illegal actions (inaction) were analyzed. From foreign countries, for example, Germany, England, Turkey, Ukraine, the legislation of the Russian Federation and a number of CIS countries has been studied. In our national legislation, proposals and recommendations have been developed to improve the mechanism of compensation for damage caused by state bodies. In the process of exercising the powers of power by state bodies and their officials, it was scientifically substantiated that it is necessary to establish a special fund of the state in order to ensure timely and full compensation for damage to a citizen and legal entity. KEYWORDS Obligations arising from damage, delict liability, damage, damage compensation, delinquens, victim.