LIMITATION OF RIGHTS AND TORT LIABILITY: ISSUES OF HARMONIZATION OF CIVIL AND POLICE LEGISLATION

Abstract

Aim. Determination of the validity (expediency) of the introduction of the rule on the impossibility of prosecuting a police officer, taking into account the current rules on tort liability from the position of preventing restrictions on the rights of victims. Methodology. The method of system analysis, which allows you to present the norms of various industries as a single legal space; a comparative historical method that opens up the possibility of evaluating the experience of foreign legal regulation. Results. Optimal rewording of articles 1069, 1070 of the civil code in the part the presumption of guilt in this special tort is extended, as stated in article 1064 of the civil code and fixing non-guilt responsibility for all law enforcement actions, not just for those that caused unlawful consequences, stated at the moment in part 1 of article 1070 of the civil code. The article substantiates the inexpediency of introducing into the legislation the impossibility of prosecuting a police officer at the level of a general rule from the position of the threat of restricting the rights of victims. Research implications. The proposals are aimed at correcting the provisions of the current legislation that find their controversial application in judicial practice and at justifying the adequacy of the proposed changes in the legislation on the police.