Kravchuk D. Civil liability of the state for damaged caused to private persons

The thesis gives the comprehensive scientific analysis of the theoretical problems and solution of practical problems of the state’s civil liability for the damage caused to the private persons. A detailed analysis of general philosophical and legal concepts on the civil liability of the state, as well as research on the grounds and specifics of the state’s civil liability conditions are carried out. The theoretical and practical features of the application of the Convention for the Protection of Human Rights and Fundamental Freedoms in the field of the state’s civil liability for damage caused to the individuals and legal entities are studied. The thesis includes an analysis of the current state of the state’s civil liability to the individuals and legal entities for the damage caused. The case law of the European Court of Human Rights as to the content and specifics of civil liability of the state was reviewed and analyzed, as well as the case law of the Supreme Court on the issues that are new for the civil law of Ukraine in the context of civil liability of the state, in particular, the specifics of the state’s civil liability for damage caused by unidentified persons or caused by a terrorist act. Based on the formulated theoretical conclusions and applying the case law of the European Court of Human Rights, the forms of civil liability of the state are established, and the fundamental principles that underlie the civil liability of the state are analyzed and researched. The thesis is a complex legal research, which identifies the practical problems that arise at the stage of state’s compensation of damage to the individuals and legal entities and suggests the ways to solve these problems. According to the results of the research, the proposals aimed at improving the civil legislation of Ukraine in the field of the state’s civil liability are substantiated and developed. The proposals are based on the standards developed by the European Court of Human Rights in the course of practical consideration of the cases on state’s compensation of the damage caused. The thesis established that the problems of civil liability of the state have been repeatedly studied in the scientific papers by the scientists in civil law. However, given the rapid changes in the modern political and social life, as a result of new challenges facing participants in civil relations, the issue of civil liability takes new content-related colors.