On The Civil Liability Of Legal Entity Directors And Governmental Unit Heads

Abstract

One of the most important conditions for the effective participation of any person at law in civil law relations is the concept of civil liability, which makes it possible to bring delinquents to justice. We find a significant difference between types of civil liability with regard to legal entities and governmental units. The article proves that it is necessary to take into account certain restrictions, which stem from the specifics of the two categories of parties to a legal relationship. There is also a need to unify regulatory approaches to civil liability of persons exercising corporate control as well as to legal entity executive bodies and governmental unit officials, we mean persons who caused property damage. It is necessary to supplement Article 173 of the Russian Civil Code with Part Two covering transactions made by a person or authority that represents the state in civil transactions. When a transaction contradicts the legally restricted goals of the activity of this person or authority, it should be declared invalid by court on the claim of the state or another person for whose benefit the restriction is established. It is also necessary to supplement Articles 1069 and 1081 of the Russian Civil Code, Chapter 4 of the Russian Civil Procedure Code, Chapters 4 and 5 of the Russian Arbitration Procedure Code with provisions obliging the court to locate and bring to trial those officials whose actions or inactions caused harm.

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Publication Date

20 January 2022

eBook ISBN

978-1-80296-121-8

Publisher

European Publisher

Volume

122

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-

Edition Number

1st Edition

Pages

1-671

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Cite this article as:

Babakov, V. A. (2022). On The Civil Liability Of Legal Entity Directors And Governmental Unit Heads. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 51-56). European Publisher. https://doi.org/10.15405/epsbs.2022.01.9