Responsibility of states for the obligations of legal entities exercising public authority in the order of delegation

Abstract

The relevance of the research topic is due to the large-scale administrative reform in the Russian Federation, one of the trends of which was the delegation of public authority to legal entities. In such conditions, it is of particular importance to study the issues of civil liability of public authorities, the restorative nature of which can be used to increase the guarantees of the rights and legitimate interests of citizens and legal entities acting as a “subordinate” party in power relations.
The paper criticizes the tendency to abandon the subsidiary liability of public legal entities for the obligations of created legal entities. The existence of such responsibility, according to the authors, is due to the preservation of organizational and functional ties between the subjects under consideration. The necessity of expanding the scope of Article 1069 of the Civil Code by extending it to persons exercising public authority in the order of delegation is argued; proposals are made for the use of the institute of liability insurance.