STATE LIABILITY IN THE CONTEXT OF EUROPEAN INTEGRATION

Abstract

The main idea in the pursuit of European integration in Ukraine is that the reception of foreign legal institutions is increasingly spreading among lawyers and ordinary citizens, and is the simplest and fastest way to solve problems that have accumulated in society. However, on the favor of the populist nature of such calls, a critical approach to such a complex process as reception is pushed to the background. The best example of the ambiguity of this approach can be demonstrated by the illustration of German law - the institution of state liability of bod­ies and their representatives for caused damage. The institute itself is not something new; it is also familiar to the Ukrainian law. Moreover, it even has similar regulatory mechanisms that in both the Constitution of Ukraine and the Civil Code of Ukraine are easy to find. However, the internal content of the institution has fundamental differences. The main reason is the difference in the law practice, which is aimed at compensating for the rather meagre regulatory body for such a complex legal institution. Being a two-component element that consists of a civil and a public liability, it includes an administrative liability which is fully subordinated to the German civil law logic in the context of the federal structure of the state, it often leads neither only to confusing casuistry, nor comes into conflict with the European law, there is a struggle for the right to determine independently the responsibility of its state bodies. Not the least role in this is played by the degree-rank of the responsibility of the state as such with a complex mechanism of interaction of all these elements with each other. Thus, we can say that the implementation of any institution in isolation, outside the context of the legal system, where it has been nurtured and reinforced by the law practice, is doomed to failure in advance. This is why even two similar in form legal institutions in different countries will have different degrees of efficiency and are not always suitable to solve the same tasks.