EVOLUTION OF THE PUBLIC ADMINISTRATION RESPONSIBILITY INSTITUTE IN RELATIONS ON THE PUBLIC PROPERTY USAGE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
The author has researched into the evolution of the public administration responsibility institute in relations on the public property usage taking into account current trends of social and technological globalization. The main problems are related with current legislation on the legal liability of public administration for the unlegal use of public property, as well as the absence of mechanisms for the abolition or alteration of improperly applied instruments of public administration. Conflict of interest plays a negative role for the proper implementation of the institution of responsibility of public administration in relation to the use of public property. The incorrect formulation of legal norms leads to the impossibility of fully complying with the statutory functional obligations of the public administration. As a result, the tools of the public administration’s activities in the field of using public property are used illegally, resulting in a violation of public interest and damage. In order to minimize the opportunities of public administration to violate the principle of equality, to create special risks in the violations of public interest, the interests of those who use in legal way public property, it is necessary to consolidate in as much detail as possible the procedural aspects of the implementation of the responsibility of public administration for delictities in the field of use public property. Responsibility should come for a specific delinquency insofar as the act or decision of the public administration act conflicts with the requirements of the law, the rules of the proper functioning of the legal regimes of public property. Improving information and communication technologies in the implementation of the institution of responsibility of public administration should lead to qualitative transformations, fundamental changes in the life of the State and Society in terms of public property using. It is necessary to focus not on the severity of the tort, but on the promotion of the reimbursement of maximum damage, taking into account public interest and public good, guaranteeing subjective right to welfare, law and order and security, taking into account the nature of the risks that are covered, which leads to the possibility of legal responsibility for serial, individual risks without a tort or delict related to the protection of public property. The directions of developing the jurisdictional judicial and extrajudicial procedure of implementing the mechanism of the public administration responsibility for torts regardi ng the public property usage have been dealt with. Specificity of the claim-staking and interfering administrative procedures has been highlighted in terms of ensuring the balance in the implementation of the public administration responsibility
Authors and Affiliations
Н. Ю. Задирака
Keywords
Related Articles
- EP ID EP592726
- DOI -
- Views 71
- Downloads 0
LEGAL STATUS OF THE PRIVATE ENFORCEMENT OFFICER AS A SUBJECT OF ENFORCEMENT PROCESS AND TRANSNATIONAL ENFORCEMENT PROCESS
The article provides analysis of the legal and procedural status of private enforcement officers as the subjects of enforcement process in general and transnational enforcement process in particular. The research is main...
COMPARATIVE CHARACTERISTICS OF CRIMINAL AND LEGAL PROTECTION OF WATER RESOURCES UNDER THE LAW OF UKRAINE, BELARUS AND RUSSIA
The scale of the development of techno-industrial branches of human activity radically changed the possibilities of its influence on the environment. Almost everywhere in the world the ecological situation worsens, natur...
FORMATION OF THE SYSTEM OF STATE ADMINISTRATION IN THE FIELD OF MINING IN THE PERIOD OF KIEVAN RUS, THE COSSACK ERA, AND IN THE UKRAINIAN LANDS WITHIN THE RUSSIAN EMPIRE
In this article, the author examined the main historical and legal prerequisites for the development of the system of state management of mineral extraction in different epochs of development of statehood in Ukraine. The...
RIGHTS OF PARLIAMENTARY PROCEEDINGS SUBJECTS
A legal consciousness can be interpreted as a system of concepts, views, ideas, feelings about the existing law, as well as activities related to the law. An important basis for professional legal consciousness is a theo...
LEGISLATIVE REGULATION OF POLITICAL REPRESSION VICTIMS OF TOTALITARIAN REGIME
Rehabilitation is the process of restoring justice and historical truth to individuals who have been unreasonably repressed in the era of Soviet totalitarianism. There are legal and social-political or public rehabilitat...