Історія cтановлення та розвитку субсидіарної юридичної відповідальності

Abstract

The article investigates the legal nature of subsidiary legal liability. Characterization of some aspects of development. Particular attention is paid to the emergence of such types of legal liability as the responsibility of individuals, legal entities and the state. Study of category as legal liability begins with Roman law. Already among the Roman lawyers and scholars there was a widespread debate whether to consider it as an independent and full-fledged, or limited to the function of punishment and redress. The main purpose of the responsibility was that the damage should be reimbursed, regardless of the subject of which it was caused and its fault in that. At the same time, the notion of a noxial (subsidiary) claim began to be used. Valuable for the study of subsidiary liability is the period of existence of Kievan Rus and its legal system (XV-XVIII centuries). Special attention should be paid to such documents as the Letter of Law of 1457 and the Code of Law of 1649. In the Soviet Union, subsidiary liability in the form of so-called “family responsibility” was extended, when for a crime committed by one of the members of the family punishment was imposed on all. After the proclamation of Ukraine's independence, for some time, the Union legislation was still in force, before its own legislation was formed. Since 2004, a new Civil Code has been in force since then. It contains Art. 619 “Subsidiary liability”. But the norm is rather blurred, the notion of subsidiary liability is not clearly defined, it is necessary to pay attention to this by academics and legislators. As to the legal responsibility of the states, it originates from 1920 and was first prescribed in the Charter of the League of Nations. Compared to individuals, the subsidiary responsibility of States has some distinctive features. A separate type of subsidiary liability is the liability of legal entities. The concept of a legal person comes from Roman law. But those legal entities that existed at that time in the Roman Empire did not have their own capacity. It belonged to their representatives - individuals, on whom the responsibility to bear responsibility was entrusted.