Havrylenko O. Some illegal acts and inaction of law enforcement bodies, the damage caused by which is compensated on general basis: analysis of court practice

DOI: https://doi.org/10.33098/2078-6670.2024.18.30.115-125

Purpose. The purpose of the scientific article is to determine some illegal actions and inaction of law enforcement bodies or their officials, the damage caused by which is compensated on the general basis of compensation for damage caused by state authorities or their officials. Methodology. The research methodology includes the analysis of scientific works, the analysis of national judicial practice in cases of compensation for damage caused by law enforcement bodies or their officials, and the specification of theoretical provisions regarding particular illegal actions and inaction of law enforcement bodies or their officials, the damage caused by which is compensated on general basis. The following methods of scientific knowledge were used: method of analysis, formal-legal method, logical method, specification method. Results. It is determined that in some cases when courts are considering cases of compensation for damage caused by law enforcement bodies or their officials, the courts of the first and appellate instances do not always assess the illegal actions, decisions and inaction of law enforcement bodies or their officials correctly and sufficiently in terms of the possibility of compensating damage, caused by them, on the basis of general norms governing compensation for damage caused by state authorities. This situation, in its turn, leads to refusals to satisfy claims for damages due to incorrect application of substantive law. It is suggested that one of the reasons for this situation is the absence of a list of illegal actions, decisions and inaction of law enforcement bodies or their officials provided for in legislation, the damage caused by which is compensated on general grounds. Based on the analysis of particular decisions of the Supreme Court in cases of compensation for damage caused by law enforcement bodies or their officials, it is identified some illegal actions and inaction of law enforcement bodies or their officials, the damage from which is compensated on general grounds, which can be used by the courts as a guide when considering the possibility of compensating the damage caused by law enforcement bodies or their officials on a general basis. Originality. It is singled out some illegal actions and inaction of law enforcement bodies or their officials, the damage caused by which should be compensated on general grounds, and it is emphasized that the formation of a list of such illegal actions, decisions and inaction will potentially contribute to correct application by courts of the norms of substantive law, which determine the general principles of compensation for damage, to legal relations for compensation for damage caused by law enforcement bodies or their officials.It is determined that the existence of such list, in its turn, will increase the effectiveness of the legal institution of compensation for damage caused by law enforcement bodies as a means of protecting human rights and freedoms. Practical significance. The results of the study can be used in further scientific research devoted to the institution of compensation for damage caused by law enforcement bodies or their officials, in law enforcement practice and in the educational process when preparing lecture and seminar material for legal disciplines.

Key words: compensation for damage, tort liability, law enforcement bodies, damage, right to compensation, judicial practice, state bodies, officials.

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