| Abstract [eng] |
Constitution of the Republic of Lithuania determines a duty to compensate property and moral damage caused to a person. Public administration subjects posses this duty as well. Especially having in mind, that the activity of the public administration subjects is connected with the protection of the public interest. This master thesis analysis the conception and position in Lithuanian law system of the public administration subjects’ duty to compensate the caused damage. The topic of this master thesis is relevant, however little analysed so far. The field of the activities of the public administration subjects’ is constantly expanding. These activities are related to the rights, freedoms and interests of natural and legal persons, therefore, the topic of liability for the damage caused by the public administration subjects to the society is especially relevant. The topic is also relevant to the public administration subjects themselves, because it is connected with the society’s confidence in the public administration institutions and other bodies. There is no unanimous conception of public administration subject. The dynamical change of the public administration subject concept and liability for the caused damage can be traced through the reforms of Lithuanian public service sector. Moreover, in respect of the particularity of this institution, variety and complexity of it’s legal relations, it is difficult to assign it to only one law branch. The liability for the caused damage is called public liability. This concept points out that the subject of the liability is not private person, but public person i.e. public administration subject. Private and public law is not absolutely isolated from each other. They both have a lot of common aspects. It is impossible not to use private law definitions in cases concerning the liability of public administration subjects for the caused damage. Singularities of the liability of public administration subjects for the caused damage determines singularities of application of the particular civil liability, therefore conditions for the origin of the liability of public administration subjects are the same as for the civil liability to originate. For example, liability of public administration subjects originates subject to the three conditions. The question of fault concerning the liability of public administration subjects for the caused damage is irrelevant, because civil liability of the state originates despite of the public institutions’ fault. Lithuanian administrative courts, unlike the courts of general jurisdiction that hear criminal cases and consider disputes arising from civil, labour, family and other legal relations of private nature, consider disputes that arise in the sphere of public and internal administration. |
