TY - JOUR

T1 - ОТДЕЛЬНЫЕ ВОПРОСЫ РЕАЛИЗАЦИИ ПРАВА НА СУДЕБНУЮ ЗАЩИТУ ПРИ ПРИЧИНЕНИИ ИМУЩЕСТВЕННОГО ВРЕДА АКТАМИ ПУБЛИЧНОЙ ВЛАСТИ

AU - Кашкарова, Ирина Николаевна

PY - 2025/4/1

Y1 - 2025/4/1

N2 - The article is a continuation of the discussion on the expansion of state liability for damage caused. The author presents the results of the study of approaches to the problem of compensation for damage caused by the erroneous application of procedural coercion measures existing in the doctrine and judicial practice. The analysis made it possible to identify and evaluate such a procedural condition that affects the possibility of establishing state liability for damage caused regardless of guilt, as preliminary judicial control over the application of coercive measures. It is shown that the extension of the criminal procedural rehabilitation regime to proceedings on administrative offenses should take into account the procedures of preliminary judicial control in the implementation of procedural coercive measures, which, in turn, in the event of their erroneous application, taking into account the effect of paragraph 2 of Article 1070 of the Civil Code, can block effective judicial protection in disputes arising from torts.

AB - The article is a continuation of the discussion on the expansion of state liability for damage caused. The author presents the results of the study of approaches to the problem of compensation for damage caused by the erroneous application of procedural coercion measures existing in the doctrine and judicial practice. The analysis made it possible to identify and evaluate such a procedural condition that affects the possibility of establishing state liability for damage caused regardless of guilt, as preliminary judicial control over the application of coercive measures. It is shown that the extension of the criminal procedural rehabilitation regime to proceedings on administrative offenses should take into account the procedures of preliminary judicial control in the implementation of procedural coercive measures, which, in turn, in the event of their erroneous application, taking into account the effect of paragraph 2 of Article 1070 of the Civil Code, can block effective judicial protection in disputes arising from torts.

UR - https://www.mendeley.com/catalogue/3d324c05-cef3-3564-ad50-46482b3e2f9f/

U2 - 10.37239/0869-4400-2025-22-4-39-53

DO - 10.37239/0869-4400-2025-22-4-39-53

M3 - статья

VL - 22

SP - 39

EP - 53

JO - ЗАКОН

JF - ЗАКОН

SN - 0869-4400

IS - 4

ER -