О компенсации морального вреда, причиненного решениями, действиями (бездействием) субъекта публичной власти

Abstract

The article examines the issues surrounding the combination and joint consideration in administrative court proceedings of both administrative claims challenging the legality of public authority acts and civil claims for compensation of moral damage. The aim of this article is to identify and analyze the problems of legal regulation of compensation for moral damage in administrative proceedings. To achieve this aim and solve the tasks, general and special scientific methods such as analysis, synthesis, historical, systemic-structural, formal-legal, and comparative methods were used. As a result, the author came to the conclusion that it is advisable to normatively consolidate the possibility of combining a public-law administrative claim and a private-law claim for compensation of moral damage in administrative proceedings. Such an intersectoral transformation of public and private law will significantly enhance the level of judicial protection for citizens who have suffered moral harm due to a public-law violation, especially considering that a person in a dispute with the authorities is always the weaker party. The results of the study can be used as proposals for legislative changes and for shaping judicial practice regarding compensation for moral damage in administrative proceedings. The novelty of the study lies in the substantiation of scientific recommendations on the need to combine and jointly consider in administrative proceedings not only an administrative claim to declare an act of public authority illegal, but also a civil claim for compensation for moral damage.