BRINGING OF PUBLIC ENTITIES TO TORT LIABILITY REGARDLESS FAULT: CONCEPT AND GENERAL THEORETICAL CHARACTERISTICS

Abstract

The article is focused on such feature of tort liability of public entities as the possibility of its occurrence, regardless fault. A history of the establishment of the institution of tort liability, regardless fault, is briefly reviewed. The attempt to analyze the main scientific views on the issue of the possibility of tort liability occurrence, regardless fault, in general and the occurrence of liability of such type for public entities, in particular, are made. Civil legislation of Ukraine clearly defines that the state, the Autonomous Republic of Crimea and local self-government bodies compensate for damage caused by the relevant authorities or their officials, regardless of the fault of such bodies or officials (Art. 1173-1175 of the Civil Code of Ukraine). Despite the certainty of the national legislator on the issue of the possibility of bringing public entities to tort liability, regardless of fault, discussions are still ongoing among civil scientists on this issue. Thus, for today, in the scientific environment, there are two groups of scientists, the first supports the idea of the possibility of bringing persons to tort liability, regardless fault, and, in particular, of bringing public entities to this type of responsibility, and the second, which opposes the idea of bringing any subjects to tort liability, if there is no direct fault of such subjects in causing damage. One of the arguments of scientists who support this idea is that the primary purpose of bringing subjects, in particular, and public subjects, to tort liability is to quickly restore the violated rights of the injured person and compensate the damage. Instead of, one of the arguments of the opponents of the idea of the possibility of tort liability, regardless fault, including for public entities, is the thesis that holding subjects to liability, regardless fault, contradicts the principle of justice. The arguments of both supporters and opponents of the idea of the possibility of bringing subjects to tort liability, regardless fault, in particular, public entities, deserve more detailed scientific analysis.