Sanctions in civil law

Abstract

Civil liability is a type of legal liability. It is subject to general legal liability provisions, but it also has such features that make it a separate legal category. Common to all types of legal liability is that sanctions are imposed on the offender. But the content of sanctions, the procedure and the purpose of their application have their own specifi city for each type of legal liability. The article deals with the expediency of imposing sanctions in civil law and the disadvantages of a modern restorative and compensatory approach to the protection of civil rights, which does not contribute to the prevention of violations of subjective civil rights and protected by law interests. The author takes into account the consequences of offenses in modern civil law and draws attention to the traditional elements of the rule of law, ignoring the sanctions in acts of civil law and the need to establish them as sanctions of a private nature. This has led to systemic abuse and abuse. Civil liability, in fact, boils down to the application of property sanctions and personal sanctions. The urgent need for sanctions in civil law is substantiated and it is suggested that a separate chapter of the Civil Code of Ukraine should prescribe all consequences of violation of civil law norms as sanctions, in particular, and those stipulated by
the Law of Ukraine “On Sanctions”. This will serve the effectiveness of civil law, strengthen the safeguards of civil obligations and the exercise of legitimate interests. This paradigm is currently justified and serves the effectiveness of civil law regulation and the quality of national law.