Our customer has submitted a claim for compensation. What should we do?
First check whether the claim falls under the authority of your agency or that of the State Treasury. If this matter should be handled by the State Treasury, make a decision to transfer the matter to the State Treasury and deliver the decision along with your statement on the matter.
How do we know who should handle claims for compensation, our agency or the State Treasury?
Primarily, the State Treasury has the authority to process claims for compensation concerning the operations of government authorities. Some authorities (the highest legality control, the Finnish Defence Forces, the police, the Border Guard, tax authorities, road maintenance authorities, distraint authorities and the National Land Survey of Finland) have the authority, at least partly. Then too, the matter may include claims that fall under the authority of the State Treasury.
We have received a request for comment from the State Treasury. What should we do?
The claim for compensation addressed to the State Treasury or an application for a summons from the plaintiff to the court, for which the comment is requested, will be attached to the request for comment. The comment should contain the events and facts that the claim pertains to. In addition to this, the authority may explain the legislation pertaining to the matter and present their stand on how the claim should be settled. If the authority feels that there are grounds for compensation, this should be communicated clearly, because it often affects the processing time of the application.
We have received a request for an additional comment from the State Treasury. What should we do?
If new claims or allegations have been presented after the comment was received, or the original comment was not exhaustive enough, a request for an additional comment may be issued. These requests often detail the matter that the additional request pertains to.
We have received an application for a summons with the district court concerning compensation addressed to the state. Which authority has the mandate to represent the state in the legal proceedings?
The State Treasury has the mandate to represent the state in legal proceedings in compensation matters covered by the act on compensation by the state (Laki valtion vahingonkorvaustoiminnasta 978/2014). Sometimes, the authority in terms of representation may be divided between the agency that has supposedly caused the damage and the State Treasury (section 1 of the act on state compensation activities).
