Mykola Stefanchuk, Vladyslav Teremetskyi, Anatolii Muzyka, Olena Cherniak, Valentyna Sloma, Nadiia Moskaliuk, Oleh Zaverukha
The article is focused on studying civil liability of the state within legal relations of property restitution. The features, principles and conditions of civil liability of the state within legal relations of property restitution have been determined. The limits of civil liability of the state within legal relations of property restitution have been defined. The natural form of civil liability of the state within legal relations of property restitution has been characterized. The content of the compensation form of civil liability of the state within legal relations of property restitution has been revealed. Based on the systematic analysis of the provisions of the theory of civil law, domestic and foreign legislation, the practice of its application, the authors have formulated scientifically sound conclusions, propositions and recommendations aimed at developing a general scientific approach to a state’s civil liability within legal relations of property restitution. The authors have offered to single out the following types of a state’s civil liability withinin legal relations of property restitution depending on the boundaries: full restitution; limited restitution, aggravated restitution. It has been established that each country independently chooses the types and boundaries of restitution depending on the socio-economic situation, society’s attitude to this issue, the assistance of international organizations. It has been emphasized that Ukraine has no restitution legislation, so it is impossible to identify the boundaries of restitution.