Kutsyn A. Compensation for damage caused by the local self-government body in the field of rule-making activity.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002081

Applicant for

Specialization

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

15-03-2019

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is the first domestic comprehensive monographic study of the compensation for damage caused by the local self-government body in the field of the rule-making activity. The paper identifies the historical preconditions for the formation of the sub-institute for the compensation of damage inflicted by natural and legal persons by the bodies of local self-government in the field of rule-making activity, in national legislation and legislation of certain foreign countries. The state of the study of the problem of civil-law regulation of compensation for damage caused by the local self-government body was characterized. The specificity of the legal capacity of local self-government bodies as participants in delictual civil legal relations is determined. The general and special legal capacity of local self-government bodies is considered, and the peculiarities of their delictual capacity are determined. The peculiarities of the rule-making sphere of local self-government bodies as a special sphere of the emergence of social relations regarding the infliction of harm to individuals and legal entities are singled out. The boundaries and nature of the influence of rule-making activity of local self-government bodies on the rights of individuals and legal entities are determined. The grounds and conditions for reimbursement of damage caused by the local self-government body in the field of rule-making activity are described. Theoretically substantiated proposals on the improvement of current legislation regarding compensation for damage caused by the local self¬government body in the field of rule-making activity were formulated.

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