COMPENSATION OF DAMAGE CAUSED BY PUBLIC ENTITIES IN THE SPHERE OF REGULATORY ACTIVITIES: SEPARATE THEORETICAL AND LEGAL ASPECTS

Abstract

This scientific article attempts to analyze the grounds for bringing public entities to tort liability for damage caused to individuals by the adoption of a legal act of individual action, which was later recognized as illegal and canceled in a court of law. The primary purpose of the adoption of normative legal acts is, in particular, the creation of additional conditions for the realization of the rights of individuals or their protection; in practice, situations often arise when the consequence of the adoption of a normative legal act is a violation of the rights of individuals or legal entities. That is why the legislator provided for the responsibility of public entities for damage caused to individuals by the adoption of a normative legal act in Art. 1175 of the Central Committee of Ukraine. This norm provides that the damage caused to a natural or legal person as a result of the adoption by the authority of a normative legal act, which was recognized as illegal and canceled, shall be compensated by a public entity represented by the relevant authority: the state, the Autonomous Republic of Crimea or a local self-government body. Having analyzed it, one can come to the conclusion that the basis of its application is the assignment of damage by the adoption of the normative legal act itself. However, the civil legislation provides that the court can declare illegal and cancel not only normative legal acts.