Developing the legislation on state liability for damages caused illegally to economic entities.

Abstract

The article presents the periodization in the development of the legislation on state liability for damages caused illegally by public authorities, their officials and officers in the performance of powers to such category of victims as economic entities. It has been found that since the days of the Roman state till now the institute of state liability has passed a number of successive stages in its development: from a complete non-liability of the state for damages (from Roman times to the end of the XVIII century) to the recognition of the state as a subject of such liability in the legislation of European countries and the U.S. and evolution ofthe legislation towards expanding range of public relations in which the state was imposed the duty to compensate the losses caused illegally (XX century).

The article also examines the specifics ofthe legislation ofthe USSR, analyzes the present regulatory base on state liability for losses illegally caused to economic entities under the market economy and reveals contradictions and inconsistency in building this institute. The conclusion is made that it is necessary to bring the Ukraine’s legislation on state liability to economic entities in conformity with provisions of the Constitution of Ukraine, as well as with generally accepted norms and principles of the European and international law. To create a real institute of state liability to economic entities in Ukraine, problematic issues are outlined which should be settled in the first place.