Olshanchenko V. Civil liability of the state of Ukraine to the subjects of economic activity.

The dissertation is dedicated to consideration of the grounds and the order of civil law liability of the state of Ukraine to the subjects of economic activity. The legislative and scientific approaches to determination of the state as participant of civil relationships are researched and the conditions of participation of the state in protectoral civil relationships as a subject of responsibility are determined. It is justified that in civil relationships of reparation of the gamage caused to the subjects of economic activity the state of Ukraine exercises its legal personality through the bodies established by the state or by their officials. At the same time the institutions, establishments, state enterprises and business partnerships are the independent participants of civil circulation and do not bear the responsibility for the state’s obligations. But the state of Ukraine can bear subsidiary responsibility for obligations of such subjects as their founder in cases defined by legislation. The property basis for material responsibility of the state of Ukraine to the subjects of economic activity is defined. It is justified that despite of the general rule according to which the participant of civil relationships bear the responsibility for obligations by any property except objects which could not be the subject of reimbursement, the property basis for state’s responsibility if clearly defined. If the other is not provided by legislative provisions, the basis for reparations is the funding defined for such purposes in state budget. The grounds for responsibility of the state for violations of the rights of subjects of economic activity in sphere of contractual relationships particularly at a pre-contractual stage as well as at a stage of contractual relationships development are deeply analyzed. It is found that pre-contractual civil liability of the state of Ukraine to the subjects of economic activity for violations committed by state bodies at the stage of a contest (tender) within public procurement is characterized by application to the violator the means of liability that are equivalent to the volume of restoration of violated rights and does not provide the punishing influence over the violator. A considerable attention is devoted in the research to consideration the grounds and the order of civil liability of the state of Ukraine to the subjects of economic activity for civil torts committed particularly during anti-terroristic operation or Joint Forces Operation. Also the order of liability of the state of Ukraine to the subjects of economic activity for legislative acts as well as for law-enforcements acts including judgments is considered. It is justified that in cases when the principle of legal certainty is violated and the restoration of violated rights of entrepreneur is impossible or becomes much more complicated because of circumstances that took place between moments of coming into force of the judgments of a court of appeal and a court of cassation (in cases when the judgment of a court of appeal is canceled) the damage caused by such actions of judicial system has to be reimbursed by state of Ukraine.