Prisyajnuk V. Civil liability for harm inflicted on law enforcement officers

The dissertation is dedicated to the study and argumentation of the key elements in the structure of the civil liability for damages and/or harm inflicted on the law enforcement officers during the performance of their duties. It presents the results of theoretical and functional study of the civil liability, defines its features, in particular general and special delicts. The author assumes that inflicting physical harm on the law enforcement officer it is referred to two objects of harm: personal non-property and property rights of the law enforcement officer himself/herself as a victim and property rights and interests of the state covered by law in the field of law enforcement, its material security and staff assistance/ It defines the qualificatory features of the special delict: 1) inflicting damage and harm on the law enforcement officer at the time of fulfilling their official or status requirements stipulated by the special acts of legislation; 2) the requirements of the law enforcement officer and their form complied with the acts of current legislation; 3) the respective service document was settled based on counteraction against the law enforcement officer (protocol, report, etc.); 4) the delinquent voluntarily refuses to reimburse or compensate the damages. The growth of tort liability into the civil liability is the qualitatively new form of existence of these legal relationships that transfers from private to public sphere due to commencement of the legal action, rendering hereupon of the legal decision and its entry into force as such that proceeds in the name of the state and is realized under the state compulsion