CIRCUMSTANCES OF CIVIL LAW RESPONSIBILITY OF THE STATE

Abstract

The paper is dedicated to issues on circumstances of civil law responsibility of the state. Circumstances of civil law responsibility of the state consist of classic elements of responsibility of the subject of civil law relations including certain specifics. Thus, Civil Code of Ukraine determines firstly that the damage which is caused by public authorities, local governments in the exercise of their powers or in the field of rule-making activities and damage which is caused by officials of these authorities and governments is reimbursed regardless of the fault of these authorities or their officials; and this statement is the essence of the specifics of subjective circumstance of responsibility. There is stressed, that into composition of objective side of composition of offense could be included public authorities’ acts of management or regulations as well as they are adopted in the exercise of the above-mentioned authorities and their officials of their powers. There is emphasized, that special torts that are characterized by additional conditions of their appearing demand especial attention in the process of researching of civil and law responsibility of the state for the caused damage. Problems of classification of such activities, peculiarities of the proceedings procedure, ambiguity and a certain contradiction of judicial practice cause certain obstacles to the protection of violated rights of subjects of Civil Law. There is indicated, that the civil law responsibility of the state is the unconditional obligation of the state represented by responsible public authorities or legal entities under Public Law to make fair compensation (to compensate) for material and (or) moral damage caused to the victim that is caused by organizational and administrative, military-political, organizational and legal decisions, actions and measures of public authorities, their officials, servants, unknown persons, and also damage that is a result of terroristic acts are aimed to violation of public safety, intimidation of the population, provocations of military conflict, international complications, or to impact on making decisions or committing or failing to act by state authorities or local self-government authorities, officials of these authorities.