Порядок разрешения вопросов о возмещении убытков, причинённых незаконными действиями государственных органов и должностных лиц

Публичное право сегодня. 2020. № 1. С. 60–69.

Panova I. V.

The article concerns interesting and important issues of compensation for harm caused by illegal actions
of administrative bodies. The article focuses on the current aspect of the issue. The paper proposes necessary
amendments to the legislation related to the issues raised in the article. In particular, the paper
proposes amendments to the legislation, for example the supplement of Art. 2 in the Law of the Russian
Federation from 27.04.1993 N 4866-1 On appealing against the actions and decisions violating the rights
and freedoms of citizens’ may be supplied with the provision that citizens have the right to file application
for damages or losses caused by illegal actions of administrative bodies in the event of denial letter
regarding the implementation of pre-court dispute resolution by an official. The author also proposed to
supply Art. 6 of the Law of the Russian Federation from 27.04.1993 N 4866-1 On appealing against the
actions and decisions violating the rights and freedoms of citizens with the provision under which in
cases established by law, when considering a complaint for damages (harm) caused by unlawful actions
(inaction) of an official, court must take into account the obligation to comply with the order of pretrial
dispute resolution procedure for damages (harm) to a maximum of 100,000 roubles. Russian law
27.04.1993 N 4866-1 On appealing against the actions and decisions violating the rights and freedoms of
citizens may include a rule under which unlawful conduct of an official who would not pay damages shall
be responsible. The author shows the necessity of the changes in the Arbitration procedural and Civil
procedural Codes of the Russian Federation, the Russian Code of Civil Procedure concerning the cases
when an appropriate subject does not voluntarily pay the damages caused by unlawful actions (inaction)
of officials, the amount to be raised through the courts, can be increased. The author concluded that legislation
should encourage compensation in administrative procedure, as opposed to large financial costs
in the courts.

Keywords: административная реформа, административная юстиция, compensation, administrative reform, возмещение вреда, Гражданский Кодекс РФ, administrative justice, damages, Administrative complaint, Административная жалоба, Civil Code, illegal actions of officials, complaint procedure, досудебное обжалование, pretrial appeal