Conflicting Issues of State Property Liability in Private International Law

Abstract

The relevance of this study is determined by the existing conflict in civil legislation regarding the material liability of the state, as well as the importance of establishing the legal status of the state in international legal relations under the conditions of war in Ukraine, where the state acts as a guarantor of legality in relations involving a foreign element. The purpose of the article is to analyze current legislation concerning the property liability of the state, taking into account its modern role in private law relations. The research methods include a systemic approach, which made it possible to define the essence and significance of liability as a legal category and its application in civil law relations; functional analysis, which clarified the position of scholars on the state as a subject of private law relations and identified gaps in existing legislation regarding the imposition of material liability on the state directly or through persons to whom the state delegates authority; and the comparative legal method, which outlined current approaches in conflict of laws to resolving issues of legal regulation in private law relations involving the state, including liability relations.

Results. It has been established that in private law relations involving the state, both conflict-of-law norms and substantive norms of national law must be applied. Given the special status of the state as a subject of public law and a participant in private law relations, the legal grounds for holding public officials liable on behalf of the state were analyzed. At the same time, the study revealed a number of issues concerning the legal status of state-owned enterprises, whose property may also be subject to compensation for violated rights of claimants.

Conclusions. The study proves that the complexity of regulating issues related to the property liability of the state as a subject of private law relations requires the elimination of gaps and conflicts in current civil legislation. Considering modern theoretical developments in private international law, it is determined that reliance on national legislation is advisable for resolving conflict-of-law issues. Given the importance of establishing legal grounds for the material liability of the state as both a participant in civil relations and a subject of private law relations, further research should focus on clarifying the features of property liability for private law entities, taking into account their purposes and functions.