За противоречията между Закона за отговорността на държавата за вреди, причинени на граждани, и Конституцията
On the Contradictions between the Liability of the State for Damages Caused to Citizens and the Constitution

Summary/Abstract: The conclusions about some legal regulations from the Law on the liability of the state for damages caused to citizens being unconstitutional are reached upon two criteria with significant importance. The first one is a comparison between structural elements of some legal regulations of the above-mentioned law, and some legal regulations of the Constitution. The second one is a comparison between elements of the legal relations emerging from the regulations of the law and the Constitution. It is considered that in accordance with the Constitution: the state is the debtor who owes compensation in the material legal relations, not the corresponding state authorities, which from a procedural point of view are substituents of the state; the preliminary abolition of the unlawful act is not a precondition about the arising of obligations for compensation; the regressive responsibility to the state of the guilty officials is not preconditioned by the preliminary perpetration of their penal responsibility; the claim about compensation for moral damages is inherited; the claimants in the cases concerning compensations are not to be relieved of fees and expenditures.

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