Galushka Y. Paying damages caused by decisions, actions, non-actions of inquiring bodies and bodies of preliminary investigation under civil legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U007003

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

23-11-2011

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation deals with the issues of civil responsibility for damages caused by inquiring bodies and bodies of preliminary investigation. The damages have been analyzed as a ground for civil responsibility. The author defined the notion and kinds of the damages as well as the notion of material and moral damages in the context of delinquency relations with the participation of inquiring bodies and bodies of preliminary investigation. There has been analyzed the content of illegal behavior of inquiring bodies and bodies of preliminary investigation, which resulted in actions (non-actions) and decisions of the above-mentioned bodies. There also has been researched reason and consequences connection between illegal behavior and damages. The latter must be in objective connection with the behavior of inquiring bodies and bodies of preliminary investigation. There has been defined the circle of persons having the right to paying damages, caused by inquiring bodies and bodies of preliminary investigation. The subject of responsibility for the damages, caused by inquiring bodies and bodies of preliminary investigation is the state. Therefore it is inexpediently to distinguish the responsibility in the sphere of law-enforcement activity: between the state and the inquiring bodies and bodies of preliminary investigation. There has been grounded in the dissertation the improvement of mechanism of civil responsibility for damages, caused by inquiring bodies and bodies of preliminary investigation.

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