State and municipal administration. Civil liability in the field of state and municipal government (the most important)

Lecture notes, cheat sheets
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State and municipal administration. Civil liability in the field of state and municipal government (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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56. Civil liability in the field of state and municipal government

The legislation of various countries provides civil liability state and municipal body and official. They are liable for harm caused to the person or property of a citizen, as well as to the property of a legal entity. According to Art. 1064 of the Civil Code of the Russian Federation, damage must be compensated in full. In accordance with the law, an obligation to pay compensation to victims in addition to compensation for harm may also be established. The law may provide for compensation for harm even in the absence of fault of the tortfeasor. Compensation for harm can be refused if it is established that the harm was caused with the consent of the victim, and the actions of the tortfeasor do not violate the moral principles of society.

These general provisions are specified in the articles relating to state and municipal bodies and their officials. In accordance with Art. 1068 of the Civil Code of the Russian Federation, harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state, municipal bodies, state, municipal organizations or officials, including as a result of the issuance of an act that does not comply with the law or other legal act of a state, municipal body, refundable. Damage is not compensated if it was caused in a state of necessary defense, provided that its limits were not exceeded. If the harm is caused by a state body, state institution, state enterprise or official in a state of emergency, it must be compensated, although its size may be reduced. These liability provisions apply to municipal governments, municipal organizations and municipal officials.

The responsibility for harm caused by illegal actions of bodies of inquiry, preliminary investigation, prosecutor's office and court (Article 1070 of the Civil Code of the Russian Federation). In this case, we mean unlawful conviction, unlawful criminal prosecution, unlawful detention.

Harm caused in the administration of justice, is compensated if the guilt of the judge is established by a court verdict that has entered into legal force.

Concerning harm caused by state authorities, the subject of the Federation, the municipality and their officials, then it is reimbursed if the actions (inaction) were illegal, at the expense of the treasury of the Russian Federation, its subject, the municipality, depending on the status of the official. At the same time, the Federation, its subject, municipality, which compensated for the damage from its treasury, have the right to file a recourse claim against the body or official that caused the damage.

Author: Konstantin Sibikeev

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