Title: Основания гражданско-правовой ответственности за вред, причиненный органами государственной власти
Abstract: The problems of compensation for harm caused by the activities of state authorities are of key importance for the institution of civil liability because of their compensatory (recovery) orientation. However, to date, the problems of determining the conditions for the occurrence of civil liability provoke heated discussions in the scientific literature and ambiguous interpretation in judicial practice. This article focuses on guilt as the basis of civil liability for damage caused by public authorities. The author concludes that the presence of guilt is not a necessary condition for civil liability, but is a factor influencing the determination of the amount of compensation (up to the refusal of compensation). The conditions for the occurrence of civil liability for state authorities are the presence of harm and the act of the subject (regardless of their nature - lawful and illegal), which caused harm, which is in a causal connection with this harm.
Publication Year: 2020
Publication Date: 2020-05-21
Language: en
Type: article
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