MATERIAL COMPLIANCE OF PUBLIC ADMINISTRATION IN UKRAINE: HISTORY OF FORMATION AND CURRENT STATE OF DEVELOPMENT

Abstract

The article is devoted to the study of the history of formation and determination of the current state ofdevelopment of the institution of material responsibility of public administration in Ukraine.The research methodology consisted of general scientific and special legal methods of scientific cognition, inparticular the historical, structural-systemic and comparative-legal method of research. This approach is a complex-dependent grounds and conditions for the exercise of this right by individuals.The study analyzed the legislation of Ukraine as well as the work of domestic and German scholars on thegrounds and conditions of this right of individuals.As a result of the study, the following conclusions can be drawn:The history of formation and development of the institution of material responsibility of public administration inUkraine can be  chronologically divided into two periods: a) to the 90s of the twentieth century and b) after the 90sof the twentieth century. In fact, the formation of this institution of General Administrative Law in Ukraine began after the declaration of its independence and the commitment at the level of international (European) agreements onthe formation of mechanisms of state responsibility for the results of its activities to the individual.In Ukraine, the institution of material responsibility of public administration to an individual has not beenfinally formed. Despite the existence of an extensive system of norms that determine the grounds for such liabilityand enshrined in the Constitution of Ukraine, the Civil Code of Ukraine and special laws of Ukraine governingthe activities of individual public administration entities, there is no clearly defined mechanism for out-of-courtcompensation. The only functioning, today, way to compensate for such damage is to apply to the administrativecourt in the manner prescribed in Part 5 of Art. 21 Code of Administrative Procedure of Ukraine.It is necessary to thoroughly reform this institution of General Administrative Law. In our opinion, such reformcan be carried out through the adoption of a special law on state liability. It must determine the mechanism forexercising the constitutionally enshrined right of individuals to state compensation. To form the concept of this lawcould take the Staatshaftungsrech (Federal Law on State Responsibility).