FEATURES COVER DAMAGE CAUSED TO A PUBLIC SERVANT IN A JUDICIAL PROCEEDING

Abstract

The article examines the characteristics and problems of damages caused by state employees in violation of applicable
law or inadequate execution of labour (service) duties in a judicial order. The article draws attention to a number of
problems that may arise in practice in the process of conversion, the authorized body in court with the claim about compensation
of damage caused by civil servants. Formulate practical recommendations to avoid identified problems and/or
eliminate their negative effects.
Separately systematically circumstances that the court must consider when deciding on the imposition of liability and
the amount of damage to be compensated as follows: 1) a direct real damages and losses and their size; 2) unlawful actions
which have suffered damage and whether the functions were a civil servant, employee responsibilities, inadequate
performance which resulted in damage; 3) What was the fault of a civil servant, employee; 4) which specifically setting
harmed; 5) All the circumstances of the possibility of liability civil servant, employee based on a written agreement;
6) compliance requirements year period from the date of detection caused harm to employee appeal to court with a lawsuit;
7) that the property status of civil servant worker.
So, summing up over the above, we note that in fact «case-law» Supreme Court practice and general practice covering
damage caused by a public official in the court, formed a set of rules and standards that judges must follow, considering
the classification of labor disputes.