Material and Tort Liability: Problems of Correlation between the Norms of Civil and Labour

Abstract

The author notes the inconsistency of the current institution of material liability with the basic provisions of civil legislation on tort liability. Financial liability by its characteristics is a kind of tort liability. The presence in the labor legislation of a mention of bringing participants in labor relations to civil liability creates conditions for full compensation for harm, including lost profits according to the norms of the Civil Code of the Russian Federation, after receiving compensation under the rules of limited or full liability. With such legal regulation, taking into account judicial practice, there is either a diminution of the importance of categories of labor law, or a non-uniform application of the norms of the Labor Code of the Russian Federation. Gaps and imperfections in the construction of liability should be eliminated by completely isolating this institution or by observing all the rules and principles of tort liability.