Open AccessLosses as the Most Widespread Civil Liability Measure
Author(s) -
Natalya M. Kovyazina,
; Law
Publication year - 2021
Publication title -
ûrist
Language(s) - English
Resource type - Journals
ISSN - 1812-3929
DOI - 10.18572/1812-3929-2021-3-57-63
Subject(s) - damages , normative , measure (data warehouse) , simplicity , relevance (law) , consolidation (business) , liability , transparency (behavior) , law , computer science , law and economics , actuarial science , economics , political science , accounting , epistemology , philosophy , database
Currently, subjects of civil law are more likely to apply for a penalty in the form of a penalty, despite the possibility of collecting damages. This is due to the simplicity of calculating the penalty and the transparency of the application. From year to year there is a practical problem of calculating and proving the amount of losses in courts. An economically sound calculation is one of the ways to solve this problem. But the normative consolidation of such a calculation would allow the “weak side” not to turn to experts-appraisers every time, but to the courts to confidently make a decision. The relevance of this article lies in the study of the loss and identifying ways to solve the problem on the application of this measure in practice. The author studied the nature of the loss as a measure of civil liability, based on the study of judicial practice and various scientific opinions. The analysis carried out makes it possible to expand the range of scientific ideas about the loss and form new ways of solving the problems posed in practice.