FEATURES COVER DAMAGE CAUSED TO A PUBLIC SERVANT IN A JUDICIAL PROCEEDING

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FEATURES COVER DAMAGE CAUSED TO A PUBLIC SERVANT IN A JUDICIAL PROCEEDING

Journal Title: Право та інновації - Year 2016, Vol 4, Issue 16

Abstract

The article examines the characteristics and problems of damages caused by state employees in violation of applicable law or inadequate execution of labour (service) duties in a judicial order. The article draws attention to a number of problems that may arise in practice in the process of conversion, the authorized body in court with the claim about compensation of damage caused by civil servants. Formulate practical recommendations to avoid identified problems and/or eliminate their negative effects. Separately systematically circumstances that the court must consider when deciding on the imposition of liability and the amount of damage to be compensated as follows: 1) a direct real damages and losses and their size; 2) unlawful actions which have suffered damage and whether the functions were a civil servant, employee responsibilities, inadequate performance which resulted in damage; 3) What was the fault of a civil servant, employee; 4) which specifically setting harmed; 5) All the circumstances of the possibility of liability civil servant, employee based on a written agreement; 6) compliance requirements year period from the date of detection caused harm to employee appeal to court with a lawsuit; 7) that the property status of civil servant worker. So, summing up over the above, we note that in fact «case-law» Supreme Court practice and general practice covering damage caused by a public official in the court, formed a set of rules and standards that judges must follow, considering the classification of labor disputes.

Authors and Affiliations

A. Y. Korotkyh

Keywords

EP ID EP458578
DOI -
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