scholarly journals ON THE MEASURES OF CIVIL LEGAL LIABILITY: THEORETICAL ASPECTS

2018 ◽  
Vol 22 (1) ◽  
pp. 175-181
Author(s):  
Yu. N. Andreev ◽  
A. P. Zolotarev
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Liability ◽  
Civil Code ◽  
Property Damage ◽  
Intellectual Activity ◽  
Post Graduate Student ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Legal Entities

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.

scholarly journals Restoration of corporate control in the system of protection of civil rights

2021 ◽  
Vol 3 ◽  
pp. 18-21
Author(s):  
N.N. Vasilyeva ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Corporate Control ◽  
Civil Code ◽  
Point Of View ◽  
Traditional Methods ◽  
The Russian Federation ◽  
Legal Entities

The article discusses the innovation of legislation in the protection of the rights of participants in corporate legal entities. Special attention is paid to the issue of determining the place in the system of ways to protect civil rights for the restoration of corporate control, provided for by paragraph 3 of Art. 65.2 of the Civil Code. The conclusion is substantiated that the use of traditional methods of protection-oriented or obligatory legal relations, in relation to corporate relations is not always justified. It is proposed to understand the “share of participation” as a special object of civil rights, generating the effect of corporate control. The point of view is argued that the restoration of corporate control should be considered within the framework of the “restoration of the provision that existed before the offenses”, as a universal and basic way to protect the civil rights listed in Art. 12 Civil Code of the Russian Federation.

scholarly journals THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

scholarly journals Security Measures and Liability Measures in Loan Agreements

2019 ◽  
Vol 12 (5) ◽  
pp. 1
Author(s):  
Artur Ilfarovich Khabirov ◽  
Gulnara Mullanurovna Khamitova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Civil Code ◽  
Security Measures ◽  
The Russian Federation ◽  
Rights And Interests

The Civil Code of the Russian Federation regulates the use of various measures to protect violated rights and interests: first, these include universal methods for protecting civil rights (article 12 of the Civil Code); second, these include provisions of Chapter 25 of the Civil Code regarding the liability for violating one's obligations; both of them jointly comprising the institution of protection of civil rights. This article studies the issue of consequences for violating a party's duties under a loan agreement. The article differentiates safeguarding measures and liability measures to be used in case of an offense. The article also makes a conclusion regarding whether such differentiation is appropriate. Based on such differentiation, we analyze Paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation.

Ukrainian patent reform: render harmless a utility model

2020 ◽  
pp. 61-63
Author(s):  
Irina Kirichenko ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Innovation Activity ◽  
Technical Solution ◽  
Chemical Formula ◽  
Utility Model ◽  
Intellectual Activity ◽  
Ukrainian Patent ◽  
Utility Models ◽  
The Russian Federation

The patent is an amazing thing, it’s like a narcotic: nothing but a chemical formula known for more than one century, registered as a utility model, but can subjugate all other licenses and permits in a way that no other “gun” can. According to Article 1 of the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”, a utility model (just as an invention) is the result of human intellectual activity in any sphere of technology i.e. the object of the utility model (UM) may be any product (device, substance etc.) or a process (unlike us, unfortunately our Russian colleagues severely limited innovation activity. For example, Article 1351, Paragraph 1 of the Civil Code of the Russian Federation allows you to protect as a utility model only a technical solution relating to an apparatus).

Legal Regulation of Adjudication in Civil Code of the Russian Federation (Issues of Conflict Rules)

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Татьяна Лазарева ◽  
Tatyana Lazaryeva
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I

The article deals with conflict of laws regulation of transfer of creditor’s rights to another person (assignment of claims (cessions) and transfer of rights under the law) in terms of amendments to Part III of the Civil Code of the Russian Federation. The author notes that though amendments to the separate article on cession are not fundamental, the amendments of other articles of the Civil Code of the Russian Federation, concerning contractual obligations, do influence regulation of relations between the parties in assignment. The article pays special attention to the new conflict of law rule regulating the transfer of the creditor’s rights under the law. Relevant court practice is analyzed. On the basis of comparing legislations of specific countries, as well as norms of EC No. 593/2008 (‘‘Rome I’’) Regulation and EC No. 864/2007 (‘‘Rome II’’) Regulation the author draws the conclusion that despite some differences in conflict of laws regulation of the transfer of the creditor’s rights, in general the Russian rules comply with modern trends in private international law in the majority of European countries.

scholarly journals Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights

Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Electronic Money ◽  
Advanced Level ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.

scholarly journals DIGITAL TECHNOLOGIES AS AN OBJECT OF CIVIL LAW

2020 ◽  
Author(s):  
A. Bobrovnikova ◽  
T. Konoplyannikova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Information Technologies ◽  
Civil Law ◽  
Digital Technologies ◽  
Legal Framework ◽  
Civil Code ◽  
The Russian Federation

The article discusses changes in the legal framework for the introduction and use of information technologies in Russia. The article analyzes the issue of improving the new object of civil rights, taking into account amendments to the Civil code of the Russian Federation and other legal acts.

scholarly journals On the Model of Public Entitties Participation in Civil Relations in Terms of the Legal Positions of the Constitutional Court of the Russian Federation

2020 ◽  
pp. 1679-1686
Author(s):  
Inna S. Bogdanova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Constitutional Court ◽  
State Participation ◽  
Legal Model ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Legislative Model ◽  
Legal Consequences ◽  
Legal Entities

The article is devoted to the problem of changing the model of participation of public legal entities in civil relations. This change is to be made by the Constitutional Court of the Russian Federation on the example of non-contractual obligations between the state and individuals. For this purpose there was made a study of legislative model of state participation in private relations, as stipulated in Articles 2 and 125 of the Civil Code of the Russian Federation, and legal positions of the Constitutional Court of the Russian Federation, enlisted in the Resolutions of the Constitutional Court of the Russian Federation No. 16-P dated 22.06.2017 and No. 39-P dated 08.12.2017. As a result, the author concludes that the current legal model of participation of public legal entities in civil relations does not provide any exceptions for non-contractual obligations between the state and individuals. On the contrary, the legislators are consistent in addressing the issue of which state bodies are able to ensure the civil legal capacity of the individuals and under what conditions. Amendment of the above model by the Constitutional Court of the Russian Federation via expanding the list of bodies capable of creating legal consequences for public entities, without taking into account the scope of their competence, as well as differences between federal bodies and bodies of state power of the subjects of the Russian Federation, is considered untimely, since the matter requires further thorough study and elaboration

scholarly journals CONDITIONS AND BASES FOR CIVIL LEGAL LIABILITY OF MINORS AGE FROM FOURTEEN TO EIGHTEEN

2020 ◽  
Vol 36 (4) ◽  
pp. 94-99
Author(s):  
Z.A. Alieva ◽  
Keyword(s):  
Russian Federation ◽  
Civil Liability ◽  
Legal Liability ◽  
Civil Code ◽  
Adoptive Parents ◽  
Judicial Practice ◽  
The Future ◽  
The Russian Federation

The article examines the conditions for the occurrence and grounds of civil liability of minors between the ages of fourteen and eighteen years. The article characterizes individual articles of the Civil Code of the Russian Federation concerning the civil liability of minors at the age in question. The idea is substantiated that by compensating for harm by parents (adoptive parents) or guardians of minors, if they do not prove that the harm arose through no fault of theirs, the legislator tries to respect the interests of persons who have suffered from the illegal actions of minors. The article presents the views of scientists regarding the conditions for the onset of civil liability of this category of minors. The features of the onset of property liability of minors between the ages of fourteen and eighteen are analyzed. Examples from judicial practice on the problems of compensation for harm caused by minors between the ages of fourteen and eighteen are given. The result of the study is the formulation of conclusions that the absence of direct responsibility of minors leads to their impunity in the future, and makes the institution of civil liability of minors formal.

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