LEGAL CONNECTION OF THE ORGANIZATIONAL AND LEGAL FORM OF A LEGAL ENTITY WITH THE PECULIARITIES OF ITS CIVIL LIABILITY

Abstract

The article analyzes a number of problematic issues related to the mechanism of application of civil liability to legal entities of private law in modern civil law. Particular attention is paid to the emergence and legal regulation of subsidiary liability, the possibility and procedure for filing recourse claims against the person guilty of the offense. The author draws attention to the presence of a number of problems in the practical implementation of the rules on subsidiary civil liability of legal entities and the rules governing the institution of recourse. The opinion is expressed on the expediency of bringing the rules of subsidiary liability of members of a production cooperative with the liability of members of a limited liability company, so it is necessary to agree on the liability of members of a production cooperative of the same type. It is concluded that the enshrinement in the legislation of special rules governing the recourse procedure for the protection of civil rights, would solve the situation. The author points out the important negative consequences of the lack of legislation and doctrine of a clear vision of the legal nature of corporate responsibility, its main features and relationship with other types of civil liability (contractual and tort). A general description of the practical difficulties in applying the rules of subsidiary liability is given. It is stated that the independence of civil liability of business associations is limited by a number of cases when the obligations of the company are also the responsibility of its members (founders). It is argued that in relation to non-profit companies, the legislator consistently adheres to the concept of this type of legal entities, and does not provide for the possibility of acquiring ownership of the company’s property, and therefore there is no corporate liability of non-profit companies and their members.