Valstybės tarnautojų materialinė atsakomybė

Abstract

The article analyzes the legal regulation of the civil servants material liability and this institute’s practical application problems. The first part shows the legal basis and conditions of the material liability, the second part draws the limits of the civil servants material liability, the third part describes injury recovery procedures. The material liability in the public service is regulated by the Civil and Labor Codes, as well as the Civil Service Law and other legal acts, so the legal basis of material liability is a multi-faceted. This determines the differences between the material liability and civil liability and material liability in labor law. The law violations, which causes damage to, entities, the extent of liability, indemnification procedures are different, but the purpose (goal) of all responsibilities - to compensate for the damage to the victim – is the same. The conditions of occurrence the material liability in the civil service and labor law are the same as well. Civil servants material liability limits can be grouped into four positions: 1) full compensation; 2) damages not more than nine average civil servant salaries; 3) damages not more than six average civil servant salaries; 4) damages not more than three average civil servant salaries. There are three possible injury recovery methods: (1) compensation of the public servant in good faith; (2) recovery of damages out of court administrative act by standings from servant salary; (3) the lodging of an appeal court.