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Improvement of the legal regulation system of tort relations with the participation of internal affairs organs

Нуриддин КулдашевMinistry of Internal Affairs
2020en
ABI

Annotatsiya

This article emphasizes the formation of norms for compensation of damage caused by internal affairs organs (hereafter - the IAO in context), the participation and importance of the IAO in tort relations as a “state organ” and “legal entity”. Moreover, the difference between the liability of the IAO for damage caused by its activities as a state organ and legal entity is explained. The obligation to compensate for damage as a result of the activity as a state organ should be paid from the state budget and the obligation to compensate for damage as a result of the activity as a legal entity from extra-budgetary funds of the internal affairs organs are grounded. Civilian scholars` views on the issue of compensation for damage caused by illegal decisions, illegal actions (inaction) of internal affairs organs and officials are analyzed. The legislation system of foreign countries, including Germany, England, Turkey, Ukraine, the Russian Federation and a number of CIS countries is considered. Proposals and recommendations have been developed to improve the mechanism of compensation for damage caused by the illegal application of administrative and criminal law by the internal affairs organs in our national legislation. Establishing special state fund to ensure timely and full compensation for damage caused to citizens and legal entities in the exercise of internal affairs organs and their officials have been scientifically substantiated

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