DOI: 10.17072/1995-4190-2015-3-71-76

THE CONCEPT OF THE STATE INVOLVEMENT IN CIVIL LEGAL RELATIONS IN TERMS OF CIVIL LAW METHODOLOGY COMPONENTS

V.A. Babakov

Saratov state law Academy

1, Volskaya str., Saratov, 410056

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Introduction: the article is devoted to the issues connected with involvement of the state in civil legal relations and responsibility of officials for the damage caused by the state. The problems arising due to such involvement are analysed, primarily those associated with the necessity to create a mechanism of protection of the state as a blank side. Purpose: the article is aimed at the analysis of the existing situation in the sphere of civil liability of the state in terms of civil law methodology components, as well as at development of proposals to improve the legal regulation of the relations considered. Results: the approach is justified, according to which in certain legal relations the state can be regarded as a blind side, so the whole mechanism of the state civil liability implementation should be oriented not only to bringing the state to responsibility, but also to its defence. We also consider the possibility to apply a theoretical model of civil rights implementation and protection mechanism on the proposed conception of civil protection of the state, which involves working out its major elements, stages and principles. A mechanism of the state civil liability implementation has been proposed, which can also protect the state from particular wrong acts of officials resulting in civil responsibility of the state. Methods: analytical, systemic methods, comparative legal and technical methods are used. Conclusions: at present one cannot say that a mechanism of the state civil responsibility implementation, which would provide the balance between private and public interests of the state and its contractors, has been worked out. In this regard, it is urgent to develop new approaches to meet the interests of those hurt by the state and to protect the interests of the state itself through the mechanism of bringing officials concerned to responsibility.

 

 

Keywords: civil protection of the state; mechanism of the state civil liability implementation;
responsibility of state body officials

References

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