TORTIOUS LIABILITY OF PUBLIC AUTHORITY FOR ENVIRONMENTAL HARM: PRIVATE LAW CONTROL MECHANISMS AND CONSTITUTIONAL GUARANTEES OF THE RIGHT TO A FAVOURABLE ENVIRONMENT

Abstract

The article examines the civil liability of public law entities for damage caused by unlawful acts of public authorities and their officials (Articles 1069–1070 of the Civil Code of the Russian Federation) within the framework of the doctrine of the unity of public power. The authors advance the thesis that a private tort claim performs not merely a compensatory function but also a systemic regulatory one: through the mechanism of decentralised judicial review, it identifies deviations from the constitutionally established standard of lawful exercise of public authority. Particular attention is paid to the environmental dimension of the public law tort, in which the public entity simulta-neously occupies the roles of regulator - bearing a positive constitutional obligation to ensure citizens' right to a favourable environment - and potential tortfeasor, acting through unlawful conduct of environmental supervisory bodies. The article identifies structural constraints on the tort mechanism within the Russian legal order and formulates directions for doctrinal development.