ДЪЛЖИ ЛИ СЕ ОБЕЗЩЕТЕНИЕ ЗА НЕИМУЩЕСТВЕНИ ВРЕДИ ПО РЕДА НА ЧЛ. 1, АЛ. 1 ЗОДОВ ОТ ОТМЕНЕНА КАТО НЕЗАКОНОСЪОБРАЗНА ЗАПОВЕД ЗА ПРЕКРАТЯВАНЕ НА СЛУЖЕБНО ПРАВООТНОШЕНИЕ
IS ART. 1 FROM THE STATE AND MUNCIPALITIES LIABILITY FOR DAMAGES ACT APPLICABLE FOR COMPENSATION OF NON-PECUNIARY DAMAGES ARISING FROM UNLAWFUL ORDER FOR TERMINATION OF OFFICIAL LEGAL RELATION

Summary/Abstract: The present article attempts to offer a solution to the much-debated case law question of whether based on Art. 1 from the State and municipalities liability for Damages Act compensation should be awarded for non-property damages resulting from an annulled as illegal order for the termination of an official legal relationship. This is why at the begging of the paper some light is shed on the arguments in case law supporting the two conflicting thesis. The problem emanates from the fact that most special laws in such cases provide a right to compensation in an amount limited to the amount of monthly emolument received by the official. This places especially sharply the question of whether the special laws envisioning limited responsibility exclude initially the possibility of demanding remuneration for non-pecuniary damages under the general law in such instances. At this rate, some critical remarks have been made regarding the „lex specialis derogate legi generali“ rule and its application. Then some detailed considerations are developed regarding the fact that the limited liability in those cases regulated by special laws concern only the compensation for property damage, which is why there is no "special way" for compensating non-property damages. A conclusion is formed that insofar as an unlawful termination of the official legal relation could cause, in addition to property, also non-property damages, there is hardly any reason why such damages should not be awarded following Art. 1, para. 1 State and municipalities responsibility for damages Act.

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