The Concept and Types of Liability in Russian Civil Law

Abstract

The paper describes the results of the study of the concept of liability under the civil law of Russia as it is reflected in the current legislation of the Russian Federation. The authors proceed from the fact that such an approach to the study of civil law phenomena, including liability, is constructive, since the phenomena under examination are investigated first in the context of de lege lata, and then in the context of de lege ferenda. Research in the aspect of de lege lata involves identification of the legislator’s understanding of the content of the category of liability under civil law that is expressed in the current civil legislation. It is emphasized that the interpretation of liability in the aspect of de lege lata can be used in the interpretation and application of current legislation. The understanding of liability expressed in the legislation should be mainly used in the interpretation of the truth before the purely theoretically cognizable essence of responsibility under civil law, and the theoretical essence of responsibility should be taken into account when making amendments and additions to the current legislation. The paper critically assesses the tendency to cumulate liability measures by introducing such new types of liability as fair compensation (Article 65.2 of the Civil Code of the Russian Federation) and compensation for damage (Article 16.1 of the Civil Code of the Russian Federation). The authors criticize the attempts of the judiciary to legalize such a type of liability as compensation for causing reputational damage to legal entities through its own practice (and not through the legislative process). The authors conclude that it is possible to distinguish between liability measures and other civil law methods provided for by the current legislation of the Russian Federation, which does not exclude the need for its further improvement both in terms of the development of general provisions and in relation to the regulation of individual civil liability measures