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pp. 3-13 | Article Number: ijese.2016.913
Published Online: December 21, 2016
Abstract
Timeliness of the topic: The relevance of the study is caused by the need to develop the concept and content of civil liability of the State, the study of heterogeneity of such legal categories as civil liability and civil liability of the state, civil liability and redress of the damage. In a globalizing world, the states lose their features of welfare states, becoming in fact the defenders of officials’ and large corporations’ interests. A fusion of big business with government officials takes place. Due to the fact that big businesses seek to govern the state, while pursuing their own narrow goals aimed at profit, man-made and climatic catastrophes occur more frequently. Goal of research: To analyze and determine the conditions of the onset of the civil liability of the state, to form the semantic rationale of the scope of redress, to explore the real possibilities of rights defense of the weakest part in the legal relationship in which one party is the State, to formulate the terms of civil liability of the state. Results of the research: On the basis of theoretical structure analysis of civil liability of the state this paper elaborates a particular understanding of the liability of the state, sets out the basic criteria for the onset of this liability, its scope and the grounds, defines epistemological essence of the state fault. Practical significance: The article materials may be used to develop and improve the tools to protect the weakest party in the legal relationship with the state.
Keywords: Legal liability, civil liability of the state, mens rea, justice, principle of inevitability and scope of liability
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