Title: Russian Federation as the Subject of the Civil Liability
Abstract: The article is devoted to the analysis of the theoretical provisions, which are the fundamentals for the legal regulation in the civil offence liability sphere of the Russian Federation, as well as to the analysis of the existing trends in the legal regulation of such relations. The public law entities, being equal participants of the civil relations and acting in the turnover equally with other subjects of the civil law, have nevertheless specific character of the status in the property liability sphere of the latter for the broken obligation or the caused damage. The general fundamentals are viewed of the state liability in the civil law and special grounds for its liability. The general conclusion is justified that the state liability for the civil offence has a private nature. The Russian Federation is liable for its obligations The special status of the state as the subject of the with all the property that belongs to it, except civil law is vividly expressed both in the issues of the for the property that was forwarded to the legal legal control of the state liability conditions and execution persons for the economic or operational control of the court judgement including the property sanctions and the property which can only by in the state using the treasury funds. possession. Apart from the international legal liability, which is characterized by having the state immunity (6), in the Special grounds for the civil liability of internal civil turnover, the Russian Federation is to bear the state. Together with the mentioned general absolute liability for all its obligations in case they are principles of the public legal entity liability in defectively performed in accordance with the regulation the civil law, we need to mention the cases of the of Article 126 of the Russian Federation Civil Code. state and other public legal entity liability which We can give the general principles used for the is imposed in the special norms of the law. Here we see Russian Federation liability exercising (and the liability of the details ot their contractual and non-contractual other public law entities) in the civil law.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
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Cited By Count: 6
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