Approaches to compensation for damage caused by unconstitutional law in Eastern Europe

Abstract

The paper investigates the issue of compensation for damages caused to persons by a law that is recognized as unconstitutional. The civil law procedure for compensation for pecuniary and non-pecuniary damage in the countries of Eastern Europe is modelled on the basis of the study of the constitutional procedure for compensation for such damages in the said countries. The purpose of the paper is to investigate constitutional and civil law approaches to compensation for damages caused by an unconstitutional law in the countries Eastern Europe. The chosen methodology of interdisciplinary research (integrative, dialectical, systemic, systemic and structural, intersectoral methods) is aimed at studying the essence of all the essential and procedural phenomena in constitutional and civil proceedings. The main results of the study. The problem of presumption of constitutionality of laws in the countries of the Roman-German system of law (countries of written law) is revealed. It is substantiated that the presumption of constitutionality of law is one of the important components of presumption of truth of law. It is proved that the Constitutional Court plays a very important part in shaping the constitutional policy, which does not always coincide with the legislative one. In this article we examined the conceptual issues of compensation for damages caused to persons by law, recognized by the Constitutional Court as unconstitutional. The constitutional law approach and the civil law procedure for compensation for pecuniary and non-pecuniary damages in the countries of Eastern Europe and Ukraine are modelled. It is proved that constitutional legal responsibility has an ascertaining (system-forming) character and also acts as a guarantee of the constitutional system of the state.