Commercial Law Liability in the Doctrine of Commercial Law of Ukraine and Its Legislative Assignment

Abstract

Legal liability is a cornerstone of any field of law. Commercial legal liability is not an exception as an institution of commercial law, which, despite its importance in the field of protection of the rights and interests of participants of commercial relations, has not received an adequate coverage in scientific researches. The purpose of the article is to reveal the features of commercial law responsibility and to apply commercial, operational-commercial and administrative-commercial sanctions to participants of commercial relations. The peculiarities of commercial law responsibility are revealed, the main of which is the sphere of its usage, which determines both the basis of application of measures of the specified liability (commercial offense) and the range of subjects of commercial law responsibility, which are participants of relations in the sphere of commerce. Distinctive features of commercial law responsibility are: the suffering of a participant of commercial relations of adverse commercial consequences not only of property, but also of organizational character; application to the offender, in addition to commercial, operational-commercial and administrative-commercial sanctions, as well as the possibility of determining the amount of penalties in domestic commercial relations; establishment of types and sizes (in case of their definition) of commercial, operationalcommercial and administrative-commercial sanctions mainly (and for the latter – exclusively) by law; extrajudicial order (procedure) for the implementation of certain types of commercial law liability. It is concluded that the norms of the Commercial Code of Ukraine generally reflect the peculiarities of commercial law liability as a type of legal liability and the peculiarities of applying such measures of commercial law liability, as operational, commercial and administrative- commercial sanctions, as well as the recognition of the debtor as a bankrupt. At the same time, it is emphasized that the Commercial Code of Ukraine in terms of regulating the relations of commercial law responsibility requires certain changes and the main ones are proposed. It is noted that the problems of commercial law responsibility require further scientific research in order to create a modern theory of commercial law responsibility on the basis of the best practices of domestic and foreign legal science and practice, which should be adequate to the existing conditions of a market economy.