VICARIOUS LIABILITY OF THE STATE

Abstract

Problem setting. State participation in civil matters is primarily due to the necessity of implementing public tasks
facing it. According to Part 1 st.167 Civil Code of Ukraine, tate acts in civil relations on an equal footing with other
participants in these relationships. The state is not liable for the obligations they created entities, except as prescribed by
law. Vicarious liability of the State as the founder of legal entities of public law established in Art. 176 CC of Ukraine,
which provides the possibility of establishing such liability by special laws.
These provisions of the legislation suggest the state as an entity with a special capacity, as determined by the rules of
private and public law. Therefore in order to determine the optimum ratio of public and private interests in civil circulation
is an important task to determine the ratio of these rules and their application in practice.
Target of research. The purpose of this paper is to determine the order of the rules on secondary liability for the
obligations of state for legal entities of public law.
The object of this study is the level of vicarious liability of the state for the obligations of legal entity of public law.
The subject of study is the direct analyze of legal rules governing the liability of legal entity founded by the state.
Analysis of resent researches and publications. The following scientists were engaged in research of the specified
question: Bratus S. N., Bogdanova O.E., Sukhanov E.A., Mihaylenko O.V., Romanova V.V., Zueva M.V., Lutz V.V.,
Lewandowski K.M., Primak V.D.
Conclusions and prospects for the development. For now legal regulation of state responsibility for the obligations
of legal entities of public law, created by this state, is also characterized by a sufficient complexity in order to protect
creditors of legal entities of public law.