ON THE MEASURES OF CIVIL LEGAL LIABILITY: THEORETICAL ASPECTS

Abstract

The work is devoted to topical problems of the civil theory of civil legal liability measures. The authors propose their classification of the measures of civil legal liability, give a brief description of some types of these measures, make reasoned proposals for further development of legislation in the field under studies. The authors of the proposed article refer compensation (recovery) of damages, recovery of penalties (fines, penalties), interests, loss of deposit, payment of deposit in double size, compensation to the measures of civil liability:. There are legitimate, contractual, preclusive, compensation-restorative, and punitive measures of civil legal liability. Civil legal liability measures can be differentiated into the following measures: a) delictual; b) contractual and c) conditional liability; taking into account the subjects of liability they can be classified into: a) measures of liability of individuals; b) measures of liability of legal entities; c) measures of liability of public legal entities, the state. The authors of the article assert that in civil legal there are compensatory payments for: 1) causing moral harm (see, for example, Articles 151, 1099 - 1101 of the Civil Code of the Russian Federation); ) diminishing business reputation of legal entities (Article 152 of the Civil Code of the Russian Federation); 3) violation of the property rights of consumers (Article 145 of the Law on the Protection of Consumer Rights); 4) violation of exclusive rights to the results of intellectual activity, means of individualization (Article 1252 of the Civil Code of the Russian Federation); 5) causing anthropogenic, natural or terrorist harm; 6) infliction of damage by lawful actions of state and municipal bodies (Article 6.1 of the Civil Code of the Russian Federation); 7) violation of reasonable time limits for judicial proceedings and enforcement of judicial acts. Professor Yu. .N. Andreev and post-graduate student A.P. Zolotarev also refer measures of corporate liability of the members of the corporation to the corporate organization, and, conversely, liability of the corporations to its members to civil legal measures of liability. At the same time, many measures of civil legal liability are simultaneously measures of civil protection. The authors of the article suggest renaming the ‘compensation of damages’ as a way of protecting civil rights, stipulated in Article 12 of the Civil Code of the Russian Federation, to ‘recover damages’ or ‘compensation for property damage’, clarify Article 15 of the Civil Code of the Russian Federation indicating that compensation for damages is applied with a view to recovering property damage for tortious destruction, damage, diminution, restriction of material benefits, non-performance (improper performance) of contractual obligations, non-compliance with unjust enrichment obligation.