Theoretical and legal aspects of civil liability in the field of business activity

Volume 6, Number 3, 2021, P. 287–295

[ JURIDICAL SCIENCES ]

Article (file: pdf, size: 599 KB, downloads: 278)

Abstract:

The article is devoted to the analysis of theoretical provisions and regulatory legal acts on the concepts of «civil liability», «civil offense» as the basis for civil liability in the field of entrepreneurship. The following methods were used in the work: dialectical, systemic, analytical, and comparative legal analysis. The issues of applying measures of civil liability are complex, since the current legislation of the Russian Federation does not enshrine the concept of «responsibility» and does not indicate its signs. The subjects and elements of the composition of the civil offense are not clearly defined. In addition, the current legislation does not contain the concept of “civil offense”. The presence of these gaps gives rise to theoretical issues related to the application of civil liability measures, including in the field of entrepreneurial activity. Based on the analysis of scientific theory and legislative provisions, approaches to the concepts of civil liability, civil offense have been developed. The scientific novelty of the research lies in the fact that the authors for the first time at the level of a comprehensive theoretical analysis considered the theoretical and legal aspects of civil liability, identified problems and developed approaches to their solution. The results can be used as theoretical provisions of civil and business law, as well as in legislative practice.

Keywords:

legal responsibility, civil liability, civil offense, the composition of a civil offense

Authors:

Roman S. Tikhy, Candidate of Law, Associate Professor of the Department of Civil Law and Procedure, Krasnodar University of the Ministry of Internal Affairs of Russia, Krasnodar, Russia

Elena E. Cheremushkina, Candidate of Law, Associate Professor of the Department of Civil Law and Procedure, Krasnodar University of the Ministry of Internal Affairs of Russia, Krasnodar, Russia

For citation:

Tikhy R.S., Cheremushkina E.E. (2021) Theoretical and legal aspects of civil liability in the field of business activity. Sotsial’naya kompetentnost’ = Social Competence. Vol. 6. No. 3. P. 287–295. (In Russ.)

References

  1. Alekseev S.S. (1972) Problems of the theory of law. Moscow: Yuridicheskaya literatura. Vol. 1. P. 371. (In Russ.)
  2. Antonov A.A. (2021) Basis and conditions of civil liability. Available from: https://naparah.com/grazhdanskoepravo/12312887.html (accessed: 08.06.2021). (In Russ.)
  3. Babaev A.B. (2008) Civil law: topical problems of theory and practice. Moscow: Yurait-Izdat. P. 865. (In Russ.)
  4. Bratus’ S.N. (1978) Legal responsibility and legality. Moscow: Yuridicheskaya literatura. P. 83. (In Russ.)
  5. Bratus’ S.N. (1976) Legal responsibility and legality. Moscow: Yuridicheskaya literatura. P. 82-84 (In Russ.)
  6. Voplenko N.N. (1997) Public danger or social harm? Vestnik Volgogradskogo gosudarstvennogo universiteta = Journal of Volgograd State University. Volgograd. P. 6. (In Russ.)
  7. Garamita V.V. (2008) Guilt as a basis for civil liability. Moscow: Russian State Social University. P. 10. (In Russ.)
  8. Kanev D.R. (2008) The concept of civil liability in science and legislation. Pravovedenie = Pravovedenie. No. 4. P. 191. (In Russ.)
  9. Mashtakov I.V. (2021) Civil offense: definition of the concept and legal signs. Available from: https://cyberleninka.ru/article/n/grazhdanskoe-pravonarushenie-opredelenie-ponyatiya-i-yuridicheskiepriznaki (accessed: 08.06.2021). (In Russ.)
  10. Slesarev V.L. (1980) Object and result of a civil offense.Tomsk. P. 167. (In Russ.)
  11. Sukhanov E.A. (2008) Grazhdanskoe pravo. Vol. 1. Moscow: Volters Kluver. P. 546. (In Russ.)
  12. Khachaturov P.L. (1998) Offense as a legal fact giving rise to a legal relationship of responsibility. Mezhvuzovskii sbornik nauchnykh statei. Seriya: Yurisprudentsiya = Interuniversity collection of scientific articles. Series: Jurisprudence. Tol’yatti: Mezhdunarodnaya akademiya biznesa i bankovskogo dela. No. 2. P. 18. (In Russ.)
  13. Khokhlov V.A. (1998) Civil liability for breach of contract. Samara: Samara Academy of Economics. P. 53. (In Russ.)
  14. Yuksha Ya.A. (2021) Civil liability. Available from: http://yuksha.ru/grazhdansko-pravovaya-otvetstvennost (accessed: 08.06.2021). (In Russ.)