oreign experience of compensation of damage caused by a subject of public administration to a private person and the possibility of its use in Ukraine
Doctor of Law (2JD), Professor, Honored Worker of Science and Technology of Ukraine,Yaroslav Mudryi National, Law University, Kharkiv, Ukraine
PhD, Senior Lecturer at the Department of Administrative and Information Law, Sumy National Agrarian University (Sumy, Ukraine)
This article carries out an analysis and a comparison of successful experience of foreign countries on compensation of the damage caused by the subject of public administration to the private person, and possibilities of its use in Ukraine are defined. It is pointed out that in order to achieve the effective functioning of the public administration system, which would respect all fundamental rights, freedoms and legitimate interests of individuals, Ukraine needs to pay attention to the state of affairs in this area in Western Europe and North America. Emphasis is placed on the fact that only a state that properly complies with the legislation related to the protection of individuals, in the performance of public administration tasks and responsibilities of public administration, can create and maintain a high level of economic development and social welfare. In particular, this applies to the legal norms of national and international law, which in one way or another regulate the procedures for compensation (or compensation) to individuals by the state (its representative bodies), in the case when the first damage or damage from the state is related to public administration. The author’s definitions of the terms “public administration”, “compensation” and “methods of compensation” are offered. In addition, the systems of functioning of such a state and public institution as a mechanism of state compensation for damage caused to individuals are studied and compared, and the impact of the quality of functioning of such a mechanism on the overall efficiency of the state system is analyzed.
Copyright (c) 2021 DIXI
This work is licensed under a Creative Commons Attribution 4.0 International License.
Every single author of the articles has to declare that is an original unpublished work exclusively created by them, that it has not been submitted for simultaneous evaluation by another publication and that there is no impediment of any kind for concession of the rights provided for in the contract.
In this sense, the authors committed to await the result of the evaluation by the journal DIXI before considering its submission to another medium; in case the response by that publication is positive, additionally, the authors committed to respond for any action involving claims, plagiarism or any other kind of claim that could be made by third parties.
At the same time, the authors have to declare that they are completely in agreement with the conditions presented in their work and that they cede all patrimonial rights. These rights involve reproduction, public communication, distribution, dissemination, transformation, making it available and all forms of exploitation of the work using any medium or procedure, during the term of the legal protection of the work and in every country in the world, to the Universidad Cooperativa de Colombia Press.
