Journal of Siberian Federal University. Humanities & Social Sciences / Legal Model of Compensation (Compensation) for Harm Caused by the State: Russian and Foreign Experience

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2022 15 (12)
Authors
Bogdanova, Inna S.
Contact information
Bogdanova, Inna S.: Siberian Federal University Krasnoyarsk, Russian Federation;
Keywords
state responsibility; acts of power; state agents; compensation model; public torts; compensation; reasonable time for legal proceedings; illegal actions of state bodies
Abstract

The article analyzes Russian and foreign approaches to the legislative model of compensation (compensation) for harm caused by the state. The author identifies two main models: the model of tort liability (Germany, Anglo-American law) and the model of objective liability (Spain) of the state, their nature and features of legal registration are investigated. The conclusion is made about fixing in the Russian civil legislation as the main tort model of the responsibility of the state, The institution of compensation for violation of the right to legal proceedings and the execution of a judicial act within a reasonable time, which is based on the model of the objective responsibility of the state, has been criticized. The institution of compensation for the loss by a bona fide purchaser of a dwelling, the legal nature of which remains uncertain, is analyzed. The article substantiates the need to form a unified approach to all cases of state responsibility for the actions of its agents

Pages
1805–1818
DOI
10.17516/1997-1370-0954
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/149632

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