0.0/5 rating (0 votes)

ESSENCE AND FEATURES OF CIVIL - LEGAL RESPONSIBILITY OF HIGHER PROFESSIONAL EDUCATION INSTITUTIONS ACCORDING TO THE CIVIL LAW OF THE REPUBLIC OF TAJIKISTAN

Author (s)

Zokirov Sh.U.

Abstract

Proceeding from the analysis of the norms of civil legislation and special literature, the author considers the specificities of civil-legal liability of the institutions of higher professional education. Special attention is paid to subsidiary liability of an owner-institutor concerning institution’s obligations. The necessity to exclude such liability in relation to the institutions whose activity is carried out on the basis of self-financing is well-grounded. Determination of the volume and dimensions of civil-legal liability of the institutions in question through the sources of their activity financing is recognized as expedient. It is suggested that additional (subsidiary) liability of an owner as to obligations of such institutions should be excluded and one ought to impose on them full property liability concerning their own obligations.

Keywords

civil-legal liability, subsidiary liability, owner-institutor, institutions of higher professional education, institutions on self-financing basis

References

1.        Civil Code of Tajikistan Republic (part 1) from June 30, 1999. – Regime of availability: URL (Date of appeal: 03.06.2021)

2.        Tajikistan Republic Law “On Some Issues Concerned with Law Competence of the Institutions of Higher Education” from May 19, 2000. Availability: URL  (Date of appeal: 03.06.2021)

3.        Bogdanov Ye. V. Essence and Liability of Corporate Body  // State and Law. – 1997,  N10. – pp. 97 – 101.

4.        Civil Law: manual // Under the editorship of A. P. Sergeyev and Yu. K. Tolstoy. Volume 1. – M.: Prospect, 2005. – 776 pp.

5.        Zakirov Sh. U. On Some Issues Concerned with Law Competence of the Institutions of Higher Professional Education // Materials of International Scientifico-Methodical Conference “Actual Problems of Modern Jurisprudence and Ways of their Solution: Theory and Practice”. – Khujand: Publisher, 2019. – pp. 63-67.

6.        Krasheninnikova Ye. A. The Notion of Civil-Legal Liability // Bulletin of the Higher Arbitration Court of Russian Federation. – 2012, N1.  – pp. 6-11.

7.        Litvinovich F. F. To the Issue of Property Self-Sufficiency of Autonomous Educational Institution // Pedagogical Journal of Bashkortostan. – 2010, N4. – pp. 56-63

8.        Mozolin V. P. Civil-Legal Liability in the System of Russian Law // The Journal of Russian Law. – 2012, N1. – pp. 33-40.

Publication date

Tuesday, 16 November 2021