Norms Of Civil Law Research Articles

Publichnyi dohovir u merezhi «Internet» ta novely zakonodavstva pro tsyfrovyi kontent

The article examines the peculiarities of a public contract on the Internet. This is a type of legal relationship in the digital environment. It has been proven that some of the contracts on the Internet are public. If contracts on the Internet contain signs of a public contract, the rules on a public contract apply to them. Currently, there is no comprehensive list of public contracts in the Civil Code of Ukraine. This allows the application of legal norms to public contracts on the Internet. This is facilitated by the dispositive nature of civil law norms. It was concluded that the Internet is only a form of legal relations that exist in civil law. These legal relations are property or personal non-property. They take place in a digital environment. The Internet is a kind of digital form of legal relations, among which there are civil ones. Peculiarities of smart contracts have been studied. Some of them are characterized by public contracts. For example, a contract on registration on an Internet platform is public. Here, one party is the consumer, who receives the rights granted by the Internet platform. The second party is an entrepreneur who owns the rights to the Internet platform. Some smart contracts are not public contracts. For example, those that are arranged inside the Internet platform. In particular, this is a contract for the sale of NFTs. It is proposed to supplement the Civil Code of Ukraine. It is necessary to add provisions on smart contracts to it. These norms should be contained in the general provisions of the contract. Internet platforms for the sale of goods can mediate in the settlement of the dispute. They contribute to establishing contact and dialogue between the parties. This contributes to the protection of consumer

Administrative contracts in the doctrine and system of sources of administrative law of Germany and Ukraine

The article is devoted to the analysis of the doctrinal concept and legislative definition of the administrative contract in the legal systems of Germany and Ukraine, as well as the place of this institution in the system of sources of administrative law of Ukraine. It has been established that recently the influence of the legal doctrine of the Federal Republic of Germany on the administrative law of Ukraine has significantly increased, and it no longer sees “power relations” in the relations between subjects of state power and citizens, and therefore, the concept of proportionality acquires a wider meaning. Under such conditions, an administrative contract is not inferior to an administrative act in its rule of law value. The two-level model of legal regulation of administrative contracts in the Federal Republic of Germany is analyzed, as well as the legal position of the Federal Supreme Court on the applicability of civil law norms in the public sphere. The importance of the place of the public-law contract and its administrative procedure in the Law “On Administrative Procedures” of the Federal Republic of Germany is revealed. A description of the ontological, subject, and methodological criteria for the identification of administrative contracts in the domestic doctrine of administrative law is given. It is proved that the problem of legal regulation of an administrative contract in the Ukrainian legal field should be considered through the prism of three main models of systematization of administrative and procedural legislation, which are used in the legal systems of different countries of the world. Corresponding improvements in legal regulation and own vision of the prospects for the codification of legislation on administrative contracts in the legal field of Ukraine are proposed.

Formation and development of the Bosporus kingdom: separate historical and legal aspects

The article talks about the Bosporus kingdom as one of the states that managed to avoid annexation by Rome and preserved its autonomy for several centuries. This state was located in the Eastern Crimea and in the western part of the Taman Peninsula. Its capital was Panticapei (modern Kerch), which in ancient times was surrounded by nomadic (mainly Scythian and Sarmatian) peoples.
 It has been established that the Archeanactid dynasty ruled here at first, and from 438 to 109 B.C. - Spartokids dynasty. It was during the reign of Satyr I, Leukon I, Perisades I, Eumela I in the 4th century B.C. the Bosporus kingdom with its center in Panticapei reached its greatest power, an authoritarian system of government developed, and therefore, Bosporus came to be considered a kingdom with a monarchical form of government.
 The author analyzed the legal system of the Bosporus kingdom. It was found that the main sources of law were: the legislative activity of the kings of Bosporus, the rights of the Greek city-polises that were part of the Bosporus kingdom, and the customs of local tribes. Norms of civil law protected the interests of slave owners. Two main forms of ownership were defined: state and private. Land, slaves, cattle and movable property were owned. The main types of contracts were: purchase and sale, mine, loan and donation.
 The author also characterized the complex nature of marital and family relations. Agreements on the future marriage were usually concluded by the decision of the parents. A legal marriage resulted from an eggiesia, a formal private agreement between the head of the bride’s family, on the one hand, and the groom or his father, on the other.
 In the field of criminal law, the author established that the main types of crimes were: crimes against the state, against the community, and against a specific private person. However, the most serious crimes were often called adikia - a sin before the gods. The damage could be physical, moral or material.

Administrative and legal regulation of greenhouse gas emissions in the framework of a regional experiment

A legal experiment refers to approbation of legislative novelties on a limited scale and covering a limited number of people aiming at assessing effectiveness and usefulness of novelties in order to determine optimal options for future commonly applicable law-making decisions. During the Soviet period, legal experiments were conducted in a systematic manner. The scientific concept of the experiment was in place, including the methodology of conducting the experiment, goal setting, principles of the experimental legal regime, its stages, and results’ evaluation. Today, legal experiments are not regulated. The criteria and principles for conducting legal experiments are formulated mostly for the scientific field. Nevertheless, there are some emerging legal forms where definitions and procedures for conducting experiments are being legally codified. This may be a sign of the emergence of a new direction in the development of the administrative laws. Experiments are conducted in various areas of legal relations, such as economics and finance, culture, environmental and social spheres, digitalization, ets. A recent example of a legal experiment in the environmental sphere is the Law on conducting an experiment on limiting greenhouse gas emissions in some regions of Russia, which was adopted in 2022. The experiment will continue until 2028. It involves introduction of a pilot cap and trade system. Sakhalin region has been chosen for its piloting. Cap and trade system is being introduced for key regional emitters – regional regulated organizations (RRO) in an attempt to achieve carbon neutrality of the Sakhalin Region by 2025. The analysis of the pilot regulatory framework for the Sakhalin experiment has led to the following conclusions:– the experiment is based on a combination of administrative and civil law norms; – generally speaking, the pilot regulatory framework in the Sakhalin Region meets the main criteria for conducting the experiment. However, lack of a clear system for evaluating its results and uncertainty regarding its further application in the country are significant drawbacks;– the use of quotas as one of the administrative and legal methods of regulation is being tested. A comprehensive experiment could involve testing other methods in order to identify the most effective approach for greenhouse gas emissions’ reduction. The option of paying a fixed amount (1000 rubles) for exceeding the quota represents a quasi-tax, which can be seen as a separate regulatory method;– the state support measures are a counterweight of the additional financial burden put on the RRO and should be specified is dedicated normative acts. Substantial support measures may potentially allow for replacement of a special coefficient that reflects the amount of the tax payed by RRO used in the quota calculation methodology and thus help to ensure harmonization with foreign analogues.

Особливості укладання банківських договорів у мережі інтернет

Abstract. In the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of deduction, induction, analysis and synthesis were used in the research process. The subject of the study is the norms of civil law on the contract, the norms of banking law on the conditions of certain types of banking contracts, the procedure for their conclusion and execution. It noted that the actions of the right holder of the program, including the bank, with the aim of further concluding an electronic contract on certain terms with unspecified counterparties, should be qualified as a public offer. Acceptance of this offer must create rights and obligations for the person who is the right holder of this program, regardless of his awareness of the fact of concluding such an agreement. The need for special legal regulation of the procedure for concluding banking contracts on the Internet substantiated. The procedure for concluding these contracts can found in the instructions of the National Bank of Ukraine, which defines the requirements for the banking institution regarding the additional identification of clients in the procedure for concluding banking contracts in the form of an Internet bank. The use of a smart contract requires a legal framework that would define the legal nature, concept and legal mechanism of a smart contract. An offer for the conclusion of a contract received in the personal account; the client accepts it using the actions provided in the software, which can be equated to a qualified electronic signature.

Право пользования товарным знаком: регулирование передачи и пробелы в действующем законодательстве

Introduction. The legislator in paragraph 1 of Art. 1490 of the Civil Code of the Russian Federation with the expression “as well as other agreements” (that is, any that are concluded in writing) has allowed all elements of the ownership of a trademark to be transferred without a license agreement. Currently, judicial practice at the level of the Supreme Court of the Russian Federation allows the transfer of the exclusive trademark right and its disposal on receipt. The Supreme Court of the Russian Federation has actually equated the conclusion of a license agreement with a receipt. The paper examines the theoretical provisions of the concept of a trademark in civil law circulation. Particular attention is paid to the existing methods of transferring a trademark. The court practice on the transfer of a trademark for use under a license agreement is analyzed, and the need for introducing legislative changes to eliminate the identified legal spaces is substantiated. The relevance of the chosen topic is due, firstly, to the dynamic development of market relations and, secondly, to the intensive digitization of procedures in many areas of legal relations. An important factor confirming the relevance of the topic is the dishonesty of others in claiming an established trademark. The identification of current trends in judicial practice and the analysis of the development of the legislation on the use of a trademark have constituted the purpose of this study. Methods. When preparing the paper, the general and special methods of scientific knowledge were used (the method of a system approach, analysis, and synthesis; the system-functional and axiomatic methods). Results. The study has analyzed the acts of the Supreme Court of the Russian Federation and the lower courts (Order of April 5, 2022, No. 305-ES21-23755; Decree of the Arbitration Court of the Volga-Vyatka District of March 31, 2021, in case No. A11-2223/2017). It is substantiated that the analysis of these acts allows for the conclusion that there are negative consequences of a broad interpretation of the norms of civil law and, as a result, the gradual introduction of precedent as a source of law in Russia. Conclusions. The authors justified the need to amend the current legislation (Clause 1 of Article 1235 of the Civil Code of the Russian Federation and Clause 1 of Article 1490 of the Civil Code of the Russian Federation). The authors have argued that the right to use a trademark cannot be transferred by a simple receipt but only by concluding a license agreement.

Public procurement in Russia: concept and content

Based on the analysis of foreign and national legal acts, scientific works and research of domestic and foreign scientists, the article substantiates the relevance of the concept “public procurement” and reveals its content. The outcome of the research on public procurement as a system of legal relations allows the author to verbalize its definition. Public procurement should be understood as a system of legal relations where one party is an authorized representative of public authority who purchases goods, works, and/or services at the expense of the relevant budget in order to realize public interest. The characteristic features of public procurement are highlighted, and the most significant functions of public procurement are substantiated, including social, regulatory, reproductive, innovative, stimulating, and cost optimization. The author offers classification of the main subjects of public procurement, involving authorized representatives of public authorities (entities authorized to regulate and control public procurement, to centralize and conduct joint bidding, as well as all customers), business entities (suppliers, contractors) and derivative entities (banks and credit organizations, electronic trading platforms, specialized organizations). It is emphasized that in order to increase the efficiency of budget spending and optimize the financial support of public procurement, a number of derivative entities may be abolished. The article sustains that legal relations in public procurement are subject to regulation by the norms of financial, administrative, and civil law. It notes that legal relations in public procurement regulated by the norms of civil law (contractual legal relations) arise exclusively after the relations regulated by the norms of public law. It outlines the legal characteristic of the revealed legal relations and justifies the necessity of considering the priority of the norms of public law.

THE DEFINITION AND LEGAL NATURE OF ELECTRONIC SERVICES IN UKRAINE

The scientific article analyzes the concept and legal nature of electronic services in Ukraine. The need to define the concept and legal nature of electronic services in Ukraine is due to the urgent need to research this institute in connection with the development of economic relations and the development of business and information technologies. The possibility of using electronic services significantly saves time and resources, simplifies the process of obtaining the necessary documents and shortens bureaucratic procedures. The principle positions and evaluations implemented in the research process are determined by the theoretical views of scientists on electronic services. Therefore, in the article ere defined the following characteristics of a service can be distinguished: 1) a service is a specific activity; 2) has no material embodiment; 3) consumed in the execution process; 4) the results of such «consumption» can be used in the future. It is also defined that a service is a certain activity of subjects that does not have a material embodiment, is consumed in the process of execution, and the result of such activity can be used in the future. It is underlined the following features of electronic service provided under civil law: the possibility of receiving the service remotely via the Internet; the existence of a contract or other legal act for the provision of a service that regulates relations between the parties; mandatory compliance with the requirements of the law on consumer protection and other norms of civil law; transparency and comprehensibility of the terms of service provision for the recipient; responsibility for low-quality or improper service provision; does not «require» personal presence. It is given the definition of the concept of electronic service from the point of view of certain actions. It is also defined the legal nature of electronic service agreement.

LEGAL ASSESSMENT OF THE RIGHT OF GRATUITOUS USE OF STATE PROPERTY

The norms of civil law are designed to regulate the relations of participants in civil legal relations arising from the appropriation of property benefits. Subjects of civil legal relations can satisfy their interest in property either through the conclusion of contractual relations, as a result of which the subject will have the right to demand satisfaction of their property interests through the behavior of an obligated person, or by acquiring property rights to the property with its subsequent use. In practice, there are legal relations in which it is very difficult to determine the nature of the rights arising in relation to property. In this article, an assessment of the rights arising from an open joint-stock company in relation to the state property transferred to it for gratuitous use is carried out. The analysis of the content of the contract for the gratuitous use of state property was carried out, the presence of signs of other civil law contracts in it was established. Proposals have been made to adjust the civil legislation.

The Legal Nature of Data and Information in the Context of the Concept of «Independent Materials»

The paper is devoted to the study of civil law norms and judicial practice in relation to the regulation of the content of data arrays as one of the significant information assets in the context of the development of the digital economy. The paper reveals the legal nature of data and information, as well as the possibility of their qualification as independent materials. The conclusion is made about insufficient effectiveness of the mechanisms of legal regulation arising in connection with the circulation and protection of databases of civil legal relations due to definitive problems, namely the lack of definition of the concept of «independent materials,» as well as due to the lack of legal differentiation between data and information. In the process of a comprehensive study of the technical features of the concepts of «data» and «information» that form the basis for the formation of their legal nature, a reasonable conclusion is made about the need for a connection between the concept of «independent data» and information. The authors propose the criteria and mechanisms for distinguishing data and information.

The Legal Regime of the Database in the Conditions of Informatization of Society

The active use of information technology has been affecting all spheres of life for decades. The research examined the legal regime of the database as an object of civil circulation, which is one of the results of the informatization of society. We analyzed the features of the database as a software product and as an object of intellectual property. Proposals are formulated to improve the legal definition of the database. The dual status of the database, which can be the object of copyright (creative database) and (or) the object of related rights (investment database), is investigated. The statutory criterion used to determine the materiality of the costs incurred to create a database as an object of related rights has been recognized as biased. The study proposed an approach to determine the materiality of the costs of the database manufacturer. The judicial practice on the issue of protection of rights to databases is analyzed with focus on the conclusions made by the Court for Intellectual Property Rights. The study analyzed the legal regime of such IT development as block chain. The research did not support the thesis that the block chain is a database in the sense enshrined in the Civil Code of the Russian Federation. The study examined the approach, according to which the block chain is a special kind of technology that is not regulated by the norms of civil law. We concluded that for the effective use of the analyzed institution, it is necessary to improve approaches to its regulation.

Types of Legal Regulation of Civil Circulation

Based on an analysis of domestic doctrinal and legislative provisions, the author considers the types of legal regulation of such legally significant social phenomenon as civil circulation – normative and individual legal regulation. Regarding the normative legal regulation of civil circulation, attention is paid to the fact that the definition “civil” for circulation is tentative and it does not form the subject of regulation exclusively of the branch of civil law. The regulation of circulation at the international, federal, regional and local levels is considered, and as the consequence special attention is paid to the issue of the competence of the constituent entities of the Russian Federation and municipalities in terms of the adoption of civil law norms. It is emphasized that the establishment of types of subjects and objects of circulation is permissible only at the federal level, and at the regional and local levels only restrictions or the procedure for civil circulation of certain types of objects are detailed. Regarding individual legal regulation, it is stated that it is subnormative in nature, complements normative legal regulation, and is carried out within its framework. Possible grounds for individual legal regulation include: relatively defined, dispositive, imperative norms of law and gaps in positive law. The existing doctrinal approaches to the classification of individual legal regulation are considered, taking into account which the main types of individual legal regulation of civil circulation are proposed to be considered self-organization (streamlining of their relations by the participants themselves) and law enforcement (the activities of the competent authorities to adopt individual legal acts both regulatory and protective regulating the behavior of the subjects of circulation). Subspecies of self-organization, which differ in the way of interaction between subjects, are autonomous and coordinating individual legal regulation; law enforcement according to the specified criterion is classified as subordinated.

Киберспорт vs компьютерный спорт: к вопросу о понятийном аппарате

The article discusses the features of esports and the differentiation of the specified concept is carried out with the term “computer sport”. The authors conclude than the term “computer sport” is the category of public law and doesn’t feature the use of such a result of intellectual activity as videogame during the esport competitions. The article indicates that esport differs from computer sport because of the format of competition not the equipment, i.e. that the competitions are conducted in the virtual space. The authors justify that not any game may be the basis of esport, but only the online multiplayer game because it meets the criteria as common playing field. The authors substantiate the complex nature of the relations that make up esports, which have independent legal regulation. These relations are at the junction of public and civil law: the norms of public (sport) law regulates the order of the competition and the legal status of the sportsmen; the norms of civil law establishes the features of videogame use as the object of intellectual property.

Особливості укладання банківських договорів у мережі інтернет

In the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of deduction, induction, analysis and synthesis were used in the research process. The subject of the study is the norms of civil law on the contract, the norms of banking law on the conditions of certain types of banking contracts, the procedure for their conclusion and execution. It noted that the actions of the right holder of the program, including the bank, with the aim of further concluding an electronic contract on certain terms with unspecified counterparties, should be qualified as a public offer. Acceptance of this offer must create rights and obligations for the person who is the right holder of this program, regardless of his awareness of the fact of concluding such an agreement. The need for special legal regulation of the procedure for concluding banking contracts on the Internet substantiated. The procedure for concluding these contracts can found in the instructions of the National Bank of Ukraine, which defines the requirements for the banking institution regarding the additional identification of clients in the procedure for concluding banking contracts in the form of an Internet bank. The use of a smart contract requires a legal framework that would define the legal nature, concept and legal mechanism of a smart contract. An offer for the conclusion of a contract received in the personal account; the client accepts it using the actions provided in the software, which can be equated to a qualified electronic signature.

Medical information technology for decision-making taking into account the norms of civil law

The task of this study is the design of medical information technology for decision-making taking into account the norms of civil law. The proposed medical information technology ensures the support when making medical decisions about the opportunity of reproductive technologies use (in vitro fertilization, surrogate motherhood), about the opportunity of transplantation and donation, about the opportunity of providing general medical services, about the opportunity of providing therapeutic services, about the opportunity of providing dental services, about the opportunity of vaccination. In addition, the designed information technology automates medical decision-making, minimizes the impact on medical decision-making, takes into account the norms of civil law when making medical decisions.

RECOGNITION OF A TRANSACTION MADE BY A CITIZEN LIMITED BY THE COURT IN CAPACITY AS INVALID: CURRENT PROBLEMS IN THE RUSSIAN FEDERATION

This article discusses the civil law norms related to the recognition of a transaction made by a citizen, limited by the court in capacity, invalid. The authors carried out a brief comparative analysis of the norms of Articles 30 and 176 of the Civil Code of the Russian Federation. The paper analyzes the statistical data of the Judicial Department at the Supreme Court of the Russian Federation, which made it possible to identify negative trends in the number of cases, both on the establishment of facts of legal significance related to the recognition of a citizen with limited legal capacity, and on the number of cases, the requirements for which are associated with the recognition of a transaction invalid and the application of the consequences of such transactions. Also, the studied law enforcement practice in this area made it possible to confirm our hypothesis about the existence of a problem in the field of legal regulation of invalid transactions made by a citizen limited by the court in capacity. The paper investigates the conceptual apparatus in the area under consideration, reveals the shortcomings of legal regulation in civil legislation, namely, the inconsistency of the list of actions prohibited for commission by persons with limited legal capacity, specified in Articles 30 and 176 of the Civil Code of the Russian Federation. It is concluded that the expansion of the range of actions that a person with limited capacity cannot perform when the transaction is recognized as invalid will reflect the concept of civil law and eliminate legal conflicts.

ПРИМЕНЕНИЕ ГРАЖДАНСКО-ПРАВОВОГО ИНСТИТУТА АНАЛОГИИ ПРИ РЕГУЛИРОВАНИИ ОБЩЕСТВЕННЫХ ОТНОШЕНИЙ В СФЕРЕ ТРУДА

The article examines the current trends in the market of legal regulation of labor by the norms of civil law. The intersectoral interaction of civil and labor law is analyzed thanks to the civil law institute of analogy. The controversial issues related to the regulation of public relations in the field of labor are considered. The scientific theories of domestic scientists in the field of civil and labor law are critically analyzed, the international legal experience of regulating public relations in the field of labor by the norms of civil law is used.
 It is proposed to solve the problems of regulating social relations in the sphere of labor due to the insufficient regulation of such legal relations by special norms in other branches of law and appropriate amendments and additions are made to the legislative framework of the Russian Federation.

Recognition of the contract invalid as a way of protecting civil rights and interests of individuals.

The article refers to the institution of contract invalidation as a way of protecting civil rights and interests. In general, the article clarifies the types of invalid contracts based on the content of the dispute, the main features of invalid and disputed transactions, the term for appealing invalid transactions and the grounds that caused the contract to be declared invalid. The problems of the ratio of recognition of the contract as null and void as an independent means of protection of civil rights are considered.
 The rapid development of market relations requires the stability of contractual structures, which are ensured by their validity. However, due to various reasons, the transaction may be declared invalid. The fact of the existence of shortcomings provided for by the Civil Code of Ukraine is the basis for applying to the court with the demand to cancel the legal decision that arose as a result of the conclusion of the agreement.
 Within the scope of this article, judicial practice was studied, where from the given examples of court decisions, in some cases, the lack of a unified approach to resolving cases of invalidity of transactions and the application of the consequences of their invalidity is clearly observed, in others, they serve to reinforce the authors' position regarding the application of civil law norms legislation. I. Therefore, in modern conditions, there are many not only theoretical, but also practical problems associated with the unequal application by courts of the same norms of material law when making decisions regarding the invalidity of contracts.
 Based on the conducted research, the authors come to the conclusion that despite the attention to this issue in the literature, as well as the presence of certain conclusions of higher judicial bodies, for the doctrine of civil law there is no unity in the ratio of non-conclusion and invalidity of contracts.

Определение объема понятия правовой категории «убыток»

The problem of defining damages is closely related to their nature and legal meaning. Article 15 of the Civil Code of the Russian Federation does not give a clear concept of the legal category “loss”. Proper understanding is a practical aid to determining the scope of evidence in each case. The task requires to eliminate the existing legal gap. The subject of the study is the legal category “loss”, including lost profits. The object of study was the norms of civil law, the work of civilists in this area. From the point of view of doctrinal teaching, the proposal on the definition of loss is similar to that given in the Tax Code of the Russian Federation. It is proposed to give the concept of losses using a mathematical approach.

PUNITIVE AND FAIR FORMS OF COMPENSATION FOR HARM TO HEALTH IN THE SOURCES OF LAW AND THE CIVIL LAW DOCTRINE OF THE RUSSIAN EMPIRE IN THE LATE 19TH - EARLY 20TH CENTURY

Despite the fact that one of the most important tasks for the development of the institution of compensation for losses is recognized as a strict regulation of the conceptual base, in modern civil law, the issues of choosing forms and methods of compensation for harm to health remain without proper theoretical justification and consideration. Since the problems of applying civil law consequences of damage to a given intangible good are usually revealed exclusively in the context of applying the institution of compensation for moral damage, it is of particular interest to study the history of the development of general rules for the onset of tort liability for harm to health, as well as the first attempts to attract insurance compensation funds to protect the property interests of accident victims. Purpose: to study the doctrinal sources and norms of civil law of the Russian Empire of the late 19th - early 20th centuries, related to the development of traditional and alternative legal forms of compensation for harm to health, in order to identify approaches that are relevant in modern conditions. The specific tasks are to identify the problems of legal regulation of the relevant social relations, underlying theoretical approaches and individual significant opinions on the issues of the essence and legal nature of tort liability in its various modifications, as well as alternative legal remedies for harm to health. Methods: general philosophical (materialistic, dialectical), general scientific (logical, system-structural, axiological), specific scientific (formal-legal, historical-legal, systemic) research methods are used. Results: the author substantiates the existence in the sources of law and the civil law doctrine of the Russian Empire of the period under consideration of the prerequisites for an expanded interpretation of the construction of tort liability, where such liability is accompanied by the inclusion of a fair obligation to compensate for material losses of a certain activity. Legal tools to individualize the punitive function of such liability, unusual in the modern era, have been identified (restrictions preventing the transfer of material losses to persons who are not delinquents when they commit crimes, the possibility to cover the indirect consequences of an offense with reward in terms of intentional unlawful acts, etc.). The difference between punitive and fair forms of compensation for harm is presented as a system-forming problem of civil law, the solution of which remains today the methodological «key» to overcome gaps and contradictions in the legal regulation of tort obligations.