Sectoral and jurisdictional dimensions of material (patrimonial) liability in the civil service

It is indicated that in the context of the reform of the public administration system in Ukraine, European standards of good administration are becoming increasingly important as a criterion for assessing the quality of administrative legislation and the effectiveness of its practical application. The implementation of these standards primarily involves the introduction of procedural guarantees in relations between private individuals and public administration entities, namely: the right to be heard, the right to access information and case materials concerning an individual, as well as the obligation of an administrative body to properly justify decisions that may have negative consequences for a private individual. The article is devoted to the analysis of sectoral and jurisdictional aspects of patrimonial liability in the field of civil service in the context of the implementation of the right to good administration. It is substantiated that the patrimonial liability of civil servants constitutes an intersectoral legal institution located at the intersection of public and private law, which gives rise to legislative conflicts and inconsistency in judicial practice. Particular attention is paid to the analysis of the provisions of the Law of Ukraine “On Civil Service”, as well as civil, labour and administrative legislation governing compensation for damage caused by civil servants in the performance of their official duties. The article reveals the specific features of the administrative-law approach to regulating the patrimonial liability of civil servants, including the application of the principle of proportionality, the mandatory pre-trial settlement procedure, and the existence of discretionary powers of the head of the civil service body in determining the amount of damage and deciding on recourse to the court. The problems of determining proper court jurisdiction in cases concerning compensation for material damage caused by civil servants are analysed, along with the approaches of the Supreme Court to distinguishing between administrative and civil proceedings. It is concluded that despite the presence of private-law elements in such disputes, their resolution often requires an assessment of the lawfulness of a civil servants actions and the application of public law norms, which substantiates the expediency of considering certain categories of cases within administrative proceedings. The need to improve legislative regulation in order to ensure legal certainty and effective judicial protection is emphasised.