Self-Regulatory Mechanism in Construction and Measures of Civil Liability: Correlation Issues
The analysis of the provisions of the Code for Town-planning, devoted to the security function of self-regulation in the construction industry, indicates the following types of civil liability in this area: non-contractual, non-contractual joint, contractual, non-contractual subsidiary, recourse liability. The purpose of the article is to identify the specifics of these types of responsibility when transferring them to the sphere of self-regulation in construction; objectives of the article: an analysis of the general provisions of the Civil Code on responsibility, the provisions of the Code for Town-planning, as well as doctrinal sources. In the article, the general scientific methods of cognition were used, i.e. analysis, synthesis, system. In this paper, the author comes to the following main conclusions: the obligation of an organization to pay victims the compensation acts as a legal mechanism for the protection of victims, and not the responsibility of an entity; joint responsibility of self-regulatory organization with respect to members of these organizations is nominal, since replenishment of the self-regulatory organization compensation fund in the event that payments to victims are made from it is made without taking into account the share falling on the self-regulatory organization; the question of the choice of joint or subsidiary liability of an self-regulatory organization does not play a significant role for its members - for them it is only a matter of time to compensate for losses incurred by the victims and to replenish the compensation fund.