Extrajudicial Procedure for Exercising the Right to State Compensation in Ukraine

The article is devoted to the study of the extrajudicial procedure for compensation of material damage by a public administration to a private person.

The research is carried out using methods of scientific cognition such as: comparative law, system-structural and formal-logical.

The study analyzed the legislation of Ukraine and the Federal Republic of Germany on the regulation of out-of-court compensation for damage caused by public administration, as well as the work of domestic and German scientists on this topic.

As a result of the study, the following conclusions were made: it was found that the legislation of Ukraine does not contain an effective mechanism for out-of-court compensation for material damage caused by public administration to a private person. That is why it is necessary to look for ways to strengthen the effectiveness of this institution of General Administrative Law. In our opinion, the experience of Germany can become a standard for its reform; in Germany, the procedure of extrajudicial compensation for pecuniary damage by the public administration is comprehensively regulated by the rules of Art. 34 of the German Constitution, § 839 of the German Civil Code, § 49 «a» of the Federal Law on Administrative Procedure and the special Federal Law on State Liability. Such legal regulation ensures the effectiveness of the functioning of this legal institution; it is offered to develop and accept in Ukraine About the material responsibility of the state. In this law we propose to regulate a number of fundamental points that are related to the material responsibility of public administration, in particular: determining the range of holders of the right to state compensation; specification of conditions of realization of this right of private persons; criteria for determining the amount of not only material but also moral damage that must be compensated by the public administration to an individual; terms of consideration of the issue of compensation for such damage, as well as terms of its compensation after the relevant decision has been made; the procedure for creating separate state and municipal funds, at the expense of which the compensation for material damage caused by the public administration will be carried out.