Compensation for Losses as a Result of Bringing a Legal Entity to Administrative Liability: Problems of Harmonization of Industrial Approaches

Mogilevsky S.D. , Vanin V.V., Shmaliy O.V., Dushakova L.A.
European Research Studies Journal, Volume XXI, Special Issue 2, 551-560, 2018
EOI: 10.11214/thalassinos.21.06.056

Abstract:

The article covers problematic issues arising in the sphere of corporate governance, taking into account the established judicial practice in cases of compensation for losses due to the involvement of a legal entity in administrative liability. In order to identify sectoral harmonization, the functional features of administrative and civil law liability are analyzed. The paper investigates difficult moments of law enforcement practice in the field of corporate governance in cases of compensation for losses by persons who form the bodies of a legal entity as consequences of an administrative offense and suggests conclusions aimed at forming a functional correspondence between civil law and administrative liabilities. As a result of the study, the authors come to the conclusion that the models of civil law regulation of relations in the context of equality of the parties have the potential in the sphere of public administration, which should not contradict the functions of administrative and legal regulation, or diminish their regulatory properties. In the course of the research, the authors rely on methods of general scientific and private scientific nature.


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