FEATURES OF ATTRACTING POLICE OFFICERS TO CERTAIN TYPES OF CIVIL LIABILITY

Abstract

The article analyzes the civil legislation regarding bringing the police officer to civil liability. The responsibility of police officers in the civil law sphere is one of the types of legal responsibility that arises when they commit a civil misdemeanor, which should be understood as a socially dangerous, illegal violation of property and personal non-property relations regulated by civil law norms, which are formed in various spheres of public life. Citizens of the country are often faced with a significant number of violations of the provisions of the current legislation by officials. The consequence of illegal actions is often the infliction of property and moral damage both to the persons involved in the case and to those who are not involved in it. The cornerstone of the relationship between the individual and the state is the principle enshrined in Art. 56 of the Constitution of Ukraine: «Everyone has the right to compensation at the expense of the state or local self-government bodies for material and moral damage caused by illegal decisions, actions or inaction of state authorities, local self-government bodies, their officials and officials in the exercise of their powers.» The institution of the state's responsibility to the person is one of the main guarantees and human freedoms enshrined in the current legislation: the state establishes a mechanism of its own public responsibility, undertakes to ensure the possibility of its implementation, to make it available to citizens. This reduces the pressure of the state on society and at the same time increases the possibility of its control over the actions of the state, the decisions of its bodies and officials. In the last decade, which is characterized by the predominance of civil law regulation in many spheres of life, there has been a tendency to compensate (compensate) damage caused by state bodies (including law enforcement) and local self-government bodies, by means of private law. Even in European judicial practice, there is an opinion and assertion that a civil-law claim for damages is the best means of deterring police officers from illegal actions.