EVOLUTION OF THE PUBLIC ADMINISTRATION RESPONSIBILITY INSTITUTE IN RELATIONS ON THE PUBLIC PROPERTY USAGE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
The author has researched into the evolution of the public administration responsibility institute in relations on the public property usage taking into account current trends of social and technological globalization. The main problems are related with current legislation on the legal liability of public administration for the unlegal use of public property, as well as the absence of mechanisms for the abolition or alteration of improperly applied instruments of public administration. Conflict of interest plays a negative role for the proper implementation of the institution of responsibility of public administration in relation to the use of public property. The incorrect formulation of legal norms leads to the impossibility of fully complying with the statutory functional obligations of the public administration. As a result, the tools of the public administration’s activities in the field of using public property are used illegally, resulting in a violation of public interest and damage. In order to minimize the opportunities of public administration to violate the principle of equality, to create special risks in the violations of public interest, the interests of those who use in legal way public property, it is necessary to consolidate in as much detail as possible the procedural aspects of the implementation of the responsibility of public administration for delictities in the field of use public property. Responsibility should come for a specific delinquency insofar as the act or decision of the public administration act conflicts with the requirements of the law, the rules of the proper functioning of the legal regimes of public property. Improving information and communication technologies in the implementation of the institution of responsibility of public administration should lead to qualitative transformations, fundamental changes in the life of the State and Society in terms of public property using. It is necessary to focus not on the severity of the tort, but on the promotion of the reimbursement of maximum damage, taking into account public interest and public good, guaranteeing subjective right to welfare, law and order and security, taking into account the nature of the risks that are covered, which leads to the possibility of legal responsibility for serial, individual risks without a tort or delict related to the protection of public property. The directions of developing the jurisdictional judicial and extrajudicial procedure of implementing the mechanism of the public administration responsibility for torts regardi ng the public property usage have been dealt with. Specificity of the claim-staking and interfering administrative procedures has been highlighted in terms of ensuring the balance in the implementation of the public administration responsibility
Authors and Affiliations
Н. Ю. Задирака
Keywords
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