COMPENSATION OF DAMAGES CAUSED BY ILLEGAL ACTIONS BY STATE AUTHORITIES

In the life of any person, situations may occur when, as a result of illegal actions of state bodies, compensation for damage will be required. We are talking, for example, about the illegal actions of representatives of the customs, SBU, tax and migration services. In such cases, one should not take the circumstances that have developed for granted. It is very important to take care of the protection of one’s interests and the realization of the right to compensation for damage caused by state bodies in full. Prykhodko and Partners lawyers will help you with this.

Illegal actions of state bodies: legislative basis

According to article 19 of the Constitution of Ukraine, all state authorities must act exclusively on the basis, thus, within the limits of powers provided by laws and the Constitution of Ukraine.

Articles 1166, 1167 of the Civil Code of Ukraine stipulate that damage caused to a legal entity or an individual as a result of unlawful actions by state bodies shall be compensated by the person whose guilt has been proven.

Important: damage caused by actions/inaction, illegal decisions of state bodies, is compensated by the state only in cases of illegal actions (Article 1176 of the Civil Code of Ukraine):

• Illegal detention.
• Illegal imposition of administrative penalty (corrective works, arrest, etc.).
• Illegal conviction.
• Illegal use of precautionary measures.
• Illegal prosecution.

Damage caused by illegal actions of state bodies is compensated on the basis of Article 1174 of the Civil Code of Ukraine.

Important: the obligation to compensate the victim for the damage is not on the official whose action/inaction caused the damage, but on the state.

Thus, the court protects the rights, interests and freedoms of individuals and legal entities, public and state interests in a manner determined by current Ukrainian legislation.

Proof of damage caused by illegal actions of state bodies

The grounds for liability for the damage caused are:

• Fault.
• Existence of damage.
• Illegal behavior of a representative of state authorities.
• Causal connection between illegal behavior and damage.

The victim himself must prove the existence and extent of the damage. Please note: the presumption of guilt may come into effect when causing damage. In accordance with part two of article 1166 of the Civil Code of Ukraine, a person accused of causing harm can be exempted from compensation if he can prove that the damage was caused through no fault of his. In this case, the person who caused harm must prove his innocence.

How is the amount of damage subject to compensation determined? It all depends on the real value of the lost property at the time of performing the work necessary for the restoration of damaged items or at the time of hearing the case.

In the civil process, the amount of damage differs from the economic one. According to Article 225 of the Economic Code of Ukraine, damage is not only the value of property (damaged, lost or destroyed), but also additional expenses of the injured party. We are talking, for example, about the absence of profit, moral damage, etc.

If the guilty party refuses to compensate the damage, the victim can go to court to protect his interests and rights. In order to carry out an effective legal process, it is necessary to provide evidence – confirmation of the reality of the damage and fixing of its size (cheques, receipts, certificates, etc.).

The right step on the way to obtaining the desired result will be the professional protection of the interests of the victim. Specialists of “PRIKHODKO & PARTNERS” will be able to build a quality strategy for the protection of your interests in court for compensation of damage caused by illegal actions of state bodies.

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