CIVIL LIABILITY INSTITUTE IN THE SYSTEM OF LAW AND THE SYSTEM OF LEGAL RESPONSIBILITY

Disputes on the definition of the legal nature of civil liability, its place in the legal system and the system of legal responsibility, have been conducted in domestic law for a long time, but they are still acute. The prevailing position regarding the place of civil liability in the system of law is to classify this institution as private law. The paper studies the relations between the norms of civil liability institutions and the criminal law norms that are aimed at protecting civil law relations and shows their interaction with classical civil liability. The study reveals the coordination, subordination, and genetic links of the civil liability institute with other elements of the legal system. The definition of genetic links is based on the process of formation and separation of branches of law. The author studies the geometrical regularity characterizing coordination links and notes the existence of subordination links. Within the frames of the study, the author proves that the institute of civil liability cannot be exactly classified as an institute of private law. The analysis of judicial practice showed as well the impossibility to classify the civil liability institution as a civil institution. As a result of the study, the author concludes that civil liability institute has complex coordination links with other branches of law expressed in the use of general terms, concepts, and categories. Subordination relationships are manifested in the existence of a hierarchy both between civil liability measures within one normative legal act and liability measures established in the norms of other liability institutions. Genetic relationships reveal the common origin of structural entities included in the civil liability institution.