Formation of the Right to State Compensation in Ukraine and Germany

The article is devoted to the study of the right to state compensation and the resulting institution of material responsibility of the state in Ukraine and Germany. The research methodology consisted of general scientific and special legal methods of scientific cognition, in particular structural-systemic and comparative-legal research methods. The study analyzed the legislation of Ukraine and the Federal Republic of Germany, as well as some decisions of the Federal Constitutional Court of Germany, which are devoted to this topic. As a result of the study, the following conclusions can be drawn: The formation of the institution of material responsibility of public administration in Ukraine can be divided into two periods: a) to the 90s of the twentieth century. During this historical period, those states that existed on the territory of modern Ukraine either rejected the idea of such responsibility (Russian and Austro-Hungarian empires), or it was not implemented (UPR, Hetman Skoropadsky, Directory), or deliberately restrained the development of this Institute of General Administrative Law (Ukraine during the Soviet Union); b) the period from the 90s of the twentieth century - until now. This is the period of recognition of the obligation of the state to compensate material damage to an individual for his decisions, actions or omissions. De facto, the right to state compensation was also recognized. There was a primary system of norms, which is the legal basis for this right of individuals and the institution of material responsibility of the state, represented by public administration. At present, they are not enough for the effective functioning of this institution of General Administrative Law. In Germany, the formation of the right to state compensation and the institution of material responsibility of the state covers a period of more than two hundred years. During this period, not only the system of normative-legal regulation of legal relations arising in this regard between the state and individuals, but also the developed doctrine of public-law liability of public administration. It can be a benchmark for the formation and development of the relevant legal institution in Ukraine. It is objectively necessary to adopt a special law of Ukraine "On State Responsibility". It must regulate: the grounds for compensation for material damage by the state; the range of entities that must compensate for such damage; type and amount of compensation; restrictions on the application of material liability of the state; out of court procedure for its reimbursement, etc