| Abstract [eng] |
Material Liability of Public Servants: Jurisprudence and Law Application Problems Material liability of public servants is a complex institute, which is governed by several branches of law, therefore attention will be paid not only to Law on Public Service of the Republic of Lithuania, but also to Labour Code of the Republic of Lithuania and Civil Code of the Republic of Lithuania. This type of liability is significant, because it improves the process of recovering damages to people who work in public service and ensures their protection. In the thesis material liability of public servants will be analyzed by its theoretical and practical aspects. Master Thesis also examines difficulties of development, application and procedure of material liability. Entire Thesis is focused on differences between civil servants and employees. Development and conditions of application of civil servants’ material liability is discussed at the beginning of this Master’s Thesis, thereby identifying features, trends of application and differences between public servants’ and employees’ material liability. The second part of thesis focuses on compensation of damages and its limitations. After that, cases in which civil servants’ activities are classified in categories of three, six or nine average wages or when damage compensation is not restricted by any wage limit, focusing on courts’ decisions on this matter, are presented. Third part of Master Thesis is dedicated to the analysis of civil servants material liability procedure. Differences between damage remuneration of litigation and pre-litigation (administrative) procedures are exposed. While discussing the compensation of damages an emphasis is put on court rulings, trends considering pre-litigation, procedure application term, the size and threshold of compensation. Main problems related to court decisions and public servants’ material liability jurisdiction are identified and discussed. Finally, conclusions and recommendations to the legislator are stated at the end of Master’s Thesis. |
