THE PENALTY: ANALYSIS OF THEORETICAL APPROACHES TO ASSESSMENT OF THE LEGAL NATURE

On the basis of analysis of provisions of the current civil law, a critical analysis of some doctrinal provisions is presented, which attempt to describe the elements of the legal nature of penalty. Payment of penalty is considered in relation to the categories of «method of protection of civil rights» and «measure of the civil-legal liability». Functions of penalty are examined. Attention is drawn to the combination of its private-law and public-law features, in connection with which the public-private features are formed that are not peculiar to the civil-legal sanctions. The conclusion is made concerning inapplicability of item 1 of article 330 of the Civil code of the Russian Federation to the claims for penalty payment.

types of penalty, penalty, bases for establishing the penalty, purpose of establishing the penalty, function of the civil-legal liability, measure of the civil-legal liability, payment of penalty, penalty function, signs of penalty, proof of losses when awarding of a penalty.

Tsvetkov S. B. The penalty: analysis of theoretical approaches to assessment of the legal nature // Business. Education. Law. Bulletin of Volgograd Business Institute. 2016. No. 4 (37). P. 262–266.