Здійснення функцій господарсько-правової відповідальності як завдання юридичного обслуговування

Abstract

The article reveals the practical significance of the functions of commercial and legal responsibility and substantiates that the implementation of these functions should be a task of legal services in the commercial sphere. Scientific views on the list and content of the functions of commercial and legal responsibility are analyzed, a brief analysis of the provisions of the Commercial Code of Ukraine and the practice of its application is carried out. It is proved that the functions of commercial and legal responsibility are associated with the protective function of commercial law and are aimed at protecting the rights and legitimate interests of participants in commercial relations, maintaining law and order in the implementation of commercial activities and entrepreneurship. It is substantiated that the functions of legal responsibility are inherent in commercial and legal responsibility, the content of which is determined considering the specifics of the business sphere, commercial activity, and entrepreneurship. It is proved that this type of legal liability performs the function of punishment, which logically follows from the definition of the concept of commercial and legal liability. It is concretized that at the present stage such special functions as compensatory and restorative, stimulating and informational have practical significance, their content is disclosed. In legal services, to ensure the fulfillment of the task of exercising the functions of commercial and legal responsibility, it is necessary to clearly understand these functions, their practical content and value for a business entity in specific commercial relations, as well as an understanding of the forms of this responsibility, with the help of which it is possible to perform certain functions. Several theses have been formulated on these functions of commercial and legal responsibility, which are important to consider in the implementation of legal services in the business sphere. In particular, the compensatory effect is achieved through compensation for losses and the payment of penalties, and all forms of commercial and legal liability are endowed with a restorative effect. A prerequisite for the implementation of the information function is the correct organization of legal services on the accumulation, processing, and analysis of information on the application of commercial sanctions, based on which conclusions and recommendations can be drawn to improve commercial activity and entrepreneurship. It is proved that the key to the implementation of functions is the bearing of commercial and legal responsibility, that is, the incurring of negative commercial consequences from the application of commercial sanctions.