NOVELS OF LEGISLATION ON CIVIL-LEGAL LIABILITY

Authors

  • Galina N. Shevchenko
  • Marina G. Kholkina

Keywords:

legally valid harm-doing, moral damage, penalty, losses, civil-legal liability

Abstract

The research objective is to analyze the changes in the Russian civil legislation regulating civil-legal liabilities. The research methods include comparative method, analysis and synthesis, induction and deduction, and formal-logic method. The authors make a deep analysis of the norms regulating the forms of civil-legal liability under fundamental reforming of the Russian civil legislation since adoption of the Conception of the Civil Legislation Development in 2009 till present. The novels related to the forms and grounds for civil-legal liability are paid special attention to. The previous and current legislation norms are compared, related to loss recovery, payment of penalty, interests for the use of monetary asserts and compensation for the moral damage. The study of the reforms’ preliminary results enables to assess the efficiency of the Russian civil legislation. In particular, such complicated issues have been solved as the possibility to reduce the penalty if it is disproportionate to the consequences of a breach of law and the possibility to compensate the moral damage to juridical persons. The legal analysis of the novels of civil-legal liability forms enabled the authors to show the logic of legislation and the prospects of practical development of these norms.

Published

2020-02-01

Issue

Section

Artigos e Ensaios