The redress of non-pecuniary damage caused by unlawful actions of public administration entities

Abstract

When damage to a private person is committed by public authorities or any of their officers, the private party, which is considered the weaker party of the relation with the public administration of the state, must be provided with a prompt and fair compensation. Otherwise, it may result in public distrust of the state as well as preconditions for state institutions and their officers to behave irresponsibly and avoid liability. However, to the majority of the public, it is still difficult to grasp the state as being an equivalent opponent in a dispute therefore the number of individuals addressing to court with complaints for redress of non-pecuniary damage for the unlawful actions of public administration entities is relatively not big yet the numbers are increasing. What is more, the reason for the aforementioned problems is the uncertainty of non-pecuniary damage as well. The aim of this research is to evaluate the peculiarities of compensation for moral injury to individuals caused by unlawful actions of the public administration entities in Lithuania.