Civil status of the state treasury

Автор: Hakiyev A.V., Shevchenko G.V.

Журнал: Вестник Алтайской академии экономики и права @vestnik-aael

Рубрика: Юридические науки

Статья в выпуске: 3-2, 2019 года.

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Within research of civil responsibility of the state for the harm done by illegal actions of bodies of inquiry, a consequence, prosecutor’s office and court the mechanism by means of which compensation and a source, a property basis of such compensation is possible is analyzed. According to authors in the civil relations the state and the state treasury act in the two-uniform status: as property that is object of the right and as a legal entity, including the subject of responsibility, but not in the status of the special subject, and on equal terms with other subjects of civil law. The position of pre-revolutionary civilians which was dominating in the doctrine of that period and received reflection in the legislation is given to justification of such hypothesis. In the same foreshortening the modern legislation is analyzed and conclusions about ambiguity of legal perception of category “treasury” in modern civil law, about a semantic variety are drawn at an assessment of the content of the civil norms using this category. With a support for the done research work author’s definition of treasury as the system having the internal structure, the organization and functional mission, and also possessing the two-uniform status in the civil relations is given.

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Treasury, legal entity, subject of legal relationship, the object is right, civil responsibility, state, legal status, indemnification, property

Короткий адрес: https://sciup.org/142221183

IDR: 142221183

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