Терминология института освобождения от ответственности в гражданском праве

Abstract

The study of the Institute of exemption from liability for breach of obligations is a very relevant topic, due to various kinds of emergencies occurring in the world that affect the fulfillment of obligations by the parties. The article examines the normative concepts that serve as the name of cases when the responsibility of participants in business relations for violation of obligations does not occur. These are the concepts of "exemption from liability", "exclusion of liability" and "elimination of liability". The existence of such different terms in legislation and scientific doctrine, in relation to exemption from civil liability, causes discussion, does not contribute to a uniform understanding and practical application of civil law norms. With the help of general scientific and private scientific methods of cognition, in particular, formal legal, structural and functional, the author analyzes and compares the concepts of "exemption from liability", "exclusion of liability" and "elimination of liability" in order to establish the grounds for the application of these concepts. The article concludes that the criterion for distinguishing concepts from each other and from related legal categories is the presence or absence of elements (conditions) of the offense. The analysis of legal doctrine, legislation and judicial practice, in relation to the concepts of exemption from civil liability, showed that each of the studied terms carries its own content load. Applying different concepts of the institution of exemption from liability, it is necessary to take into account that the term can be either the result of conciliatory actions of the parties to the contract, or follow from the requirements of the norms of the Civil Code of the Russian Federation. In the field of business relations, exemption from liability comes depending on the evidence or lack of evidence of certain circumstances. In the presence of certain conditions, exemption from liability is an exceptional measure aimed at ensuring the stability of economic activity. The paper concludes that it is advisable to introduce a legal definition of the concept of "exemption from liability" into civil legislation, in view of the existing problem of distinguishing between exemption and exclusion of liability. The author defines the concept of "exemption from civil liability". In order to move to a uniform terminological unity, in the norms on exemption for violation of contractual obligations, it is suggested that the concept of "elimination of liability" should be excluded from the normative text, as duplicating the legal meaning of the concept of "exemption from liability".