Guilt in the context of civil law: concept and justification. “What is our fault? Is it the fault that we are citizens of this country and residents of this state farm?” Tannins in wine

Guilt- this is the most important component of the subjective side of the composition of a misdemeanor or tort, the internal attitude of a person to the action (inaction) being performed and the consequences caused as a result.

Guilt in criminal law

Guilt in criminal law it is an element of the subjective side of the corpus delicti, a prerequisite for criminal liability. According to the currently dominant psychological theory of guilt, it is defined as the mental attitude of a person to a socially dangerous act committed by him, provided for by criminal law, and its consequences. There are other theories of guilt.

Forms of guilt

There are two types of criminal law guilt- intent and negligence. Within the framework of intent, direct and indirect intent are distinguished, within the framework of negligence - criminal frivolity and criminal negligence. There are also crimes with a double (mixed) form of guilt.

The intentional form of guilt presupposes the guilty person's awareness of the essence of the act being committed, the foreseeing of its consequences and the presence of the will directed towards its commission.

Negligence is characterized by a frivolous calculation to prevent the harmful consequences of an act of a person, or the lack of foreseeing the occurrence of such consequences. Negligence is less common than intent, however, in terms of their consequences, careless crimes (especially those related to the use of certain types of equipment, atomic energy, etc.) can be no less dangerous than intentional ones.

The criminal law may also provide for a situation where, as a result of an intentional crime, grave consequences are inflicted that were not covered by the intent of the person. Criminal liability for such an offense occurs only if, in relation to these consequences, there was fault in the form of frivolity or negligence. Such a crime is called a double fault crime and is generally considered to have been committed intentionally.

The criminal law of most countries does not allow objective imputation, that is, responsibility for an act committed innocently. An act is considered to be committed innocently if the person did not foresee the socially dangerous consequences of his act and, due to the circumstances of the case, could not and should not have foreseen them.

Guilt in administrative law

In administrative law guilt- this is an element of the subjective side of the composition of an administrative offense, it is defined as the mental attitude of the subject to the unlawful action or inaction and its consequences.

Forms of guilt

In administrative law, two forms of guilt are distinguished - intent and negligence.

deliberately if the person who committed it was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and desired the onset of such consequences or knowingly allowed them or treated them indifferently.

An administrative offense is recognized as committed by negligence if a person foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds, presumptuously counted on preventing such consequences or did not foresee the possibility of such consequences, although he should have and could have foreseen them. Administrative law, like criminal law, distinguishes between two forms of careless guilt - frivolity and negligence.

The distinction between intentional guilt and negligent guilt when committing an administrative offense is of great practical importance: in some cases, the Code of Administrative Offenses classifies only intentional actions (inaction) as misconduct, establishing signs of negligent guilt excludes proceedings on an administrative offense.

The guilt of a legal entity (as a subject of an administrative offense that does not have the ability to mentally relate to the committed illegal act) is expressed in its ability to comply with the rules and regulations, for the violation of which administrative liability is provided, and the failure to take all measures depending on them to comply with them.

Guilt in civil law

Guilt in civil law is a subjective condition of civil liability and is defined as the mental attitude of the subject to his unlawful behavior, which shows the degree of his neglect of the interests of the counterparty or society.

The concept of guilt is applicable to both citizens and legal entities. The guilt of legal entities is manifested through the guilty behavior of their employees and comes from the ability of a legal entity represented by its body (manager) to foresee the illegal actions of its employees and prevent or suppress them by their actions.

Forms of guilt

In civil law, two forms of guilt are distinguished - intent and negligence (simple and gross).

intent occurs when the behavior of a person is deliberately directed to the violation of an obligation.

With guilt in shape imprudence there are no elements of intentionality in the behavior of a person: it is not aimed at consciously committing a violation of an obligation, but it lacks the care and discretion necessary for the proper performance of an obligation.

The absence of guilt is proved by the person who violated the obligation. Thus, the offender must prove:

• what measures he took for the proper fulfillment of the obligation;
• what degree of care and diligence he showed.

What is guilt? Guilt in psychology. Guilt

If the feeling of happiness may not be familiar to everyone, then everyone knows what guilt is. The feeling of guilt is consciously cultivated in us from childhood by our parents and teachers. We grow up with an already established pattern: “if you know what the fault is, correct the mistake.” Whether this is right, it is useful to feel guilty or not, we will learn from this article.

The definition of "guilt" in psychology

Let's get back to science. Psychologists associate guilt with a whole range of emotional states, intertwined primarily with a sense of "remorse." To be more precise, guilt in psychology means a person experiencing a feeling of dissatisfaction with himself or his actions, as well as some resonance between the behavior of the individual and the values ​​accepted in society. Some psychological schools believe that only members of a highly developed society can experience guilt, while backward and intellectually undeveloped people do not know this feeling.

Who can feel guilty?

Curiously, the feeling of guilt is manifested in non-verbal communication even in animals. Remember what a naughty dog ​​looks like? The eyes are slanted, the ears are lowered to the head. If the cat stole the sausage, then after what he did, he will try to leave, because he understands that his act is in resonance with the moral and social values ​​\u200b\u200bof the family where he lives. Therefore, the feeling of guilt is something that is familiar even to animals, not to mention highly developed and civilized people.

What is the feeling of guilt?

According to the research of the doctor of psychology D. Unger, who studied what guilt is, this feeling of a person consists of such components as repentance and recognition of one's wrong.

Repentance is manifested in the accusations of the offender, presented to himself. "Why did I do this?" - the one who feels guilty asks himself a question. The second component is the admission of being wrong. This factor is expressed in experiences, shame, fear and sadness.

Why is guilt necessary?

Why should a person experience a feeling that influences so destructively? There is an interesting version, proposed by Dr. Weiss, that this experience is simply necessary for establishing relationships between people. According to his theory, guilt is an adaptive quality, formed in the process of long relationships in society.

Guilt is an ambiguous concept. Therefore, there are many interpretations of this experience. The world-famous Dr. Freud and his colleague, working in the same field of psychology, but a little later - Dr. Mandler, assumed that guilt and anxiety are the same feelings, called by different words. If a person has made a mistake or was close to it, he has anxiety about the expected punishment. To get rid of anxiety, a person may try to make amends for his mistake. Also, some researchers associate guilt with fear. Fear of punishment is what makes a person repent of a wrongdoing.

How natural is it for a person to experience guilt? Apparently, even if animals and babies can feel remorse, therefore guilt is not an invented concept. But don't people confuse a sense of personal responsibility with a sense of guilt?

What is guilt in terms of real life?

Let's go back to the childhood of each of us. No matter who raised the child, these people benefited from our obedience. As soon as the baby does something that is not pleasing to an adult, he begins to get angry and express his displeasure. Educators in the face of parents and teachers can be understood. They believe that if you develop a sense of guilt in the mind of the baby, the child will grow up as a responsible, serious and honest person. However, this is a big mistake.

What is wrong with the artificial cultivation of guilt?

In fact, in every person there is what is called the "inner voice" or "voice of conscience." When a person, be he a respectable citizen or a notorious swindler, does something wrong, he hears this voice. However, what is wrong? Theft, betrayal, treason, fraud, deception - these are dishonorable things. But is it worth it to blame yourself if you want to take care of your elderly parents and do not inform them that you were fired? Is it worth it to feel guilty if you no longer want to communicate with a person, and tell him about it? We are told that to be happy you have to follow the expectations of others, and if not, then you are to blame.

Parents are the first to get it. The kid must respond to all their requests and instructions, in case of refusal, punishment occurs. Then, kindergarten teachers and teachers at school impose certain behaviors at school. You must study perfectly, be quiet, do not raise your voice and do not argue. Let's take a sober look at the situation. There are children who are born "excellent students", and there are active kids who will make great athletes or dancers, so they do not have a penchant for science. They get triples, comments, and along with this, parents and teachers develop a sense of guilt in them. Further more. The teenager becomes a young man, boy or girl, bound by all these restrictions.

Replacing a sense of responsibility with a sense of guilt

The current and modern society largely consists of irresponsible people. This is not their fault, because it is the merit of educators. Instead of instilling a sense of responsibility in the baby, he is actively implanted with a sense of guilt. What is guilt? It is remorse for not living up to the expectations of others. What is personal responsibility? It is the feeling of understanding that you can't do wrong things to others.

A person who has not developed a sense of responsibility can do atrocities and do wrong deeds with absolutely no fear if he knows that they will not be punished. If a person is fully responsible for everything that she does, then she is aware of all her actions not because of fear of punishment, but because of her inner feelings.

Based on the foregoing, the following conclusion can be drawn. Feelings of guilt are invented and imposed on each of us. If you are already an adult, try to move away from this feeling, replacing it with a sense of awareness. If you are a parent raising a child, don't make your child feel guilty for not living up to your expectations.

VINA is:

Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003.

Guilt is a legal concept:

According to the difference in the concept of responsibility, the concept of guilt also differs. The broadest concept of responsibility - moral - corresponds to the broadest concept of guilt - moral; narrower is the concept of legal guilt. The latter, in turn, may be a criminal or civil fault.

Since ethics defines a person’s obligations not only to others, but also to himself, and normalizes not only a person’s actions, but also spiritual movements, any deviation from morality, even in the same motives, in the same thoughts, justifies the presence of moral guilt. V. legal always implies, on the contrary, some action that violates the right or legal norm. The motives, motives that caused the action do not determine the responsibility, but can only influence the determination of its size - and then if we are talking about criminal responsibility. Comparatively closer to moral guilt is V. criminal. The latter was often even confused in the doctrine with the former, just as the realm of the immoral itself was confused with the realm of the criminal. The representatives of this view were mainly the followers of the Hegelian school, which recognized the unconditional free will and saw both in the criminal and in the immoral act the denial of absolute freedom, which is realized in law and morality (Köstlin, Berner). In modern doctrine, the criminal is distinguished from the immoral, although it is impossible to precisely define the boundary between the one and the other (Tagantsev, "Lectures" I, pp. 32 et seq.). The elements of guilt in the criminal sense are, first of all, will and consciousness. Any act can only be imputed to guilt (imputatio juris, in contrast to actual imputation, i.e., ascertaining causality - imputatio facti), insofar as it is a product of the will of the actor. For representatives of the theory of free will, indeterminists, the will of the agent is the cause of the act, and at the same time the cause of the consequences of the act (Causa causae est causa causati). But for adherents of the theory of non-free will, determinists, especially for representatives of the theory of the laws of human actions, will is also the main element of guilt. There can be no responsibility for actions that the actor did not want, to which his will was not directed. One will, however, is not enough for the presence of guilt; the actions themselves may correspond to the will of the subject, but the result of the action may turn out to be completely inconsistent with it, not only because the subject did not want this result, but because he was not aware of it or did not know about the possibility of its occurrence. Particularly important is the moment of consciousness regarding those criminal acts, the composition of which is carried out only by the onset of certain consequences (for example, murder). For the presence of consciousness, it is necessary to foresee the consequences or the idea of ​​them. Finally, the third necessary element of guilt in modern times (Binding) is recognized as the consciousness of the lawfulness of an act (Normwidrigkeit). In the doctrine of criminal law, the concept of guilt and the meaning of the elements included in it are extremely controversial and have been the subject of controversies to this day; in resolving issues related to guilt, an enormous role is played by the teachings about the conscious and unconscious will (Hartmann, Binding), about the psychological aspects of "representation" and "consciousness", etc. (see Sanity, as well as Intention, Negligence). In the system of criminal law, the doctrine of guilt is not particularly singled out by any of the criminologists from the doctrine of imputation and the types of guilt - intent and negligence.

In the history of criminal law, V. has not always served as a necessary condition for responsibility. In the era of the dominance of private revenge, when the punitive activity of the state was limited to regulating the manifestation of revenge on the part of the victim, the internal moment of guilt did not matter: the offended took revenge for the harm done to him by the act of the guilty person, regardless of whether the culprit wanted or did not want to inflict this harm. The same indifferent attitude to the inner moment of the act also prevails in the next stage - with the development of a system of compositions (compositio), a certain reward in favor of the victim, or the so-called vira (or wergeld - see these words). Only gradually and, mainly, under the influence of canon law, does the moment of V. acquire more and more importance; at present, none of the criminal legislation loses sight of it. Legislative definitions of the concept of V. do not exist, but a number of rulings on intent, negligence, case, error, etc. sufficiently clarify the relationship of legislation to the internal corpus delicti. An exception regarding V. as a necessary condition for criminal liability is made only for police violations (contraven t ions, Uebertretungen), i.e., acts that do not involve violations of any right, but only non-compliance with regulations protecting security or fiscal interest. For liability for violations, they are usually content with the existence of one fact of violation, regardless of whether it occurred through the fault of the person held liable or under such circumstances that in other cases would completely exclude B. For example, the presence of goods unpaid by customs duty entails punitive consequences for its owner, even though in reality he was not guilty of the fact that the goods remained unpaid. See Violations.

Criminal V. has degrees. The evil will, or V., revealed in a criminal act, can be more or less intense, cause a different degree of responsibility, even if the act itself and its harmful consequences are identical. On this property of criminal V., its division into types is based, mainly on intent and negligence. The signs of these species are various degrees of both will and consciousness. Neither science nor positive law has yet developed precisely established principles for this distinction (see Will, Negligence, Intention). Along with the indicated types of guilt, distinguished in a qualitative sense, criminal law also knows other degrees of V. and in any case recognizes V. capable of changing in quantitative terms. Therefore, it is possible to speak of greater or lesser V. The size of V. depends on the circumstances under which the given criminal act was committed and which, in essence, either could not but have a certain influence on the will or consciousness of the criminal, or in themselves reveal a greater or lesser degree of intensity. ill will. The circumstances influencing the determination of the size of V. can therefore be both facts preceding the commission of a crime, and facts simultaneous with it and following it, and not only external, physical facts, but also internal, mental ones (for example, extreme need, provocation , compensation for harm caused by a crime, features of the means and methods of committing a crime, premeditation, frivolity, passion, irritation, etc.). For the classification of these circumstances and their signs in doctrine and positive law, see Circumstances that increase and decrease B.

V. is completely absent in insane subjects (see Sanity and Insanity), as well as when there is a case, that is, when either the act itself is not the result of the determination and will of the subject, but an accidental, external phenomena of nature caused by its action or when it followed from the result of an act is an accidental deviation from the ordinary, which can be foreseen by the course of things (see Case). Perhaps, finally, the absence of V., due to circumstances excluding the criminality of the act (necessary defense, the consent of the victim to harm him, etc.), or circumstances excluding V. (for example, coercion - physical, vis absoluta, and mental, vis compulsiva, a state of emergency, etc.). Circumstances of the first kind are called excuses légales by French jurists, circumstances of the second kind are called faits justificatifs. The concept of civil war differs from the concept of criminal war. Civil liability is wider than criminal; the first, therefore, can be caused by such internal phenomena that are insufficient for criminal responsibility. The distinction between civil and criminal offenses or untruths was often based on the difference between civil and criminal violence (Bekker, Fichte, Trendelenburg, and partly the Hegelians Berner, Kö stlin, Hälschner; with m. about this, mainly Merkel, "Kriminalistische Ahhandlungen", I, Leipz., 1867; Binding, "Die Normen und ihre Uebertretung", I, 2nd ed., Leipz., 1890; Tagantsev, "Lectures on Russian Criminal Law", I, pp. 51-64). For the presence of civil warfare, it usually does not require consciousness of the illegality of what is being committed, neither is it necessary to foresee and understand the consequences of the act, but rather the consciousness of what is being done and the will to do exactly what is done (see Culpa).

Encyclopedic Dictionary F.A. Brockhaus and I.A. Efron. - St. Petersburg: Brockhaus-Efron. 1890-1907.

Wine is a complex topic that mixes with history, culture, agriculture, geology and genetics. So is it possible to learn to understand wines without going into details? Partly. Some nuances still have to be learned. It's much easier than finding a sommelier friend.

Most Popular Wines

Do you want to choose "your" wine without spending your whole life tasting in search of the truth? Then you should pay attention to 18 different varieties, which are called "international". Here you can meet old acquaintances such as Muscat, Riesling, Cabernet Sauvignon, Chardonnay, Merlot, Pinot Noir, etc. After you try all 18, you will really add experience to . At the same time, you will understand your personal preferences.

Most popular wine regions

No matter how hard the Argentines, Chileans and others try, they will hardly ever be able to surpass the wine titans like Italy, France and Spain. This is a trio of the world's leading wine producers that you need to know three things about. First, they probably produce most of the world's wine. Secondly, they produce some of the best wines in the world. Thirdly, France, Italy and Spain are the parents of all the most popular varieties of wine.

Different wines, different tastes, different experiences

Now that you already know at least something, it's time to learn about the taste characteristics of wines. Some wines are sweet and tart, like cinnamon pie. Such drinks, as they say, are not for everyone, and you can’t drink a lot of them. Others will warm, or even just burn the back of the throat from the first to the last sip. The level of alcohol in such wines is higher, and therefore the slow sipping of wine ambrosia can lead to rapid intoxication. Finally, some wines leave a dry and bitter aftertaste in the mouth. This makes tannin, the substance that is responsible for the astringency and bitterness of wine, aware of itself. In order to find your taste, you need to know the 5 main characteristics of wine: sweetness, acidity, tannins, fruitiness (fruity notes that are in wine), bodyness. The latter needs to be discussed in more detail.

Bodyness

When talking about the body of wine, they mean the density of the drink, which you can feel on your tongue. In other words, we are talking about the thickness of the wine. For example, a heavily aged red wine will be full-bodied, while a plain chardonnay will be light-bodied. There is a simple example to help you understand this. Imagine three types of milk with different degrees of fat content: 1.5%, 2.8% and 3.5%. In this list, the first will have a light body, the second will have a medium body, and the third will have a full body. Why is this needed? The wine body category helps to describe the drink, choose the right gastronomic pair for it and express your emotions in relation to a particular glass of wine. Of course, in ordinary life you will not need this term. But now you know that the sommelier in the restaurant is talking about the bottle that he opens, and not about the forms of your girlfriend.

Sweet without sugar

Some people like sweet wines, others like dry ones. It's a matter of taste. But sometimes there are confusions. It happens that when you buy dry wine, you suddenly find out that, despite the dryness, it has a very sweet taste. And how could this happen if no sugar was added to it? There are several factors that affect the sweet taste, such as the characteristics of the grape, the region, and the aging of the oak. For example, if you compare French malbec with Argentinean, the latter taste will be much sweeter. The region in which the grapes grow greatly affects the taste.

Socialization Tool

Wine is a kind of socialization tool. A glass in hand instills confidence in the individual, helps to hide nervousness during a particularly tense meeting or acquaintance. Wine unties the tongue, allows you to overcome even the language barrier. Wine is the only thing that brings together two completely different people trying to strike up a conversation. The main thing is not to get fat and combine the rules of consumption with the rules of etiquette. Then everything will be fine.

Wines that need to be drunk right away and that will lie down

90% of the wine is intended for consumption in the year of its release. This is an indisputable fact. However, some wines improve with age. To determine the wine that will get better year by year, you can thanks to four signs:
- residual sugar. This component of wine is often overlooked due to the popularity of aging dry wines. As it turns out, the most "long-lived" wines tend to be sweet wines;
- acidity. Wines with higher acidity tend to keep longer;
- tannin. Again he! Red wines with higher tannin content last longer. But only if there is a balance between tannin from grapes and tannin from oak barrels. Then it will gradually smooth out, and the wine will only become tastier;
- alcohol level. Logically, fortified wines generally live longer. After all, low alcohol levels turn wine into vinegar over time. On the other hand, it negatively affects the taste, so look for a middle ground between 13.5% and 17%. Unless, of course, you like fortified ones.

About vintage and non-vintage

You need to define what "vintage" is. Of course, this word has nothing to do with a rotten group. Vintage is when the vintage matches the vintage. Non-vintage wines are a mixture of several vintages. This is done in order to preserve in the drink a certain style inherent in a particular household. find amazing wine for 500 rubles. Incredibly tasty Hungarian "Bull's Blood" cost only 4 kopecks euros, and gave more pleasure than vaunted wines for 30 euro banknotes.

No need to strive for the "three pillars" of winemaking, expand your geography! Taste absolutely marvelous Portuguese wines, delicious Georgian, original Serbian and Hungarian wines, trendy Chilean, Argentinean and South African wines. Why is Chile there, in our country they do very good wines. And you don't have to pay 2000 rubles for them. It’s not worth chasing the label at all - you need to try. Wine is the accompaniment of life experience. Experience only grows when you try something new. Taste wines, don't get attached to legendary names. If you ask an expert about his favorite wine, he will not answer. Because he loves not the bottle, he loves the drink itself. And it is right.

Civil liability is a specific type of liability. Its features are determined by the specifics of the legal relations themselves, within the framework of which it arises. The essence of civil liability is the application to the violator of certain property measures, which are a kind of punishment for his unlawful behavior. This is based on guilt. In the civil law of the Russian Federation, however, it is not considered as an integral element of the offense. The legislation provides for cases of bringing the subject to responsibility and without his fault. Further in the article we will consider the definition of guilt, the features of its proof, as well as the specifics of its forms.

General information

First of all, it should be noted that many lawyers tried to reveal the concept of guilt. In civil law there is no precise definition of it. Therefore, for the characteristics, the signs enshrined in criminal law are used. Of course, in this case, the question arises about the relationship of guilt in criminal and civil law. As the analysis of legislation and law enforcement practice shows, this approach cannot be considered correct.

The problem of guilt

In civil law, it is impossible to apply the criminal law approach to determining the signs of guilt. The fact is that according to the Criminal Code, it is recognized as an exclusively subjective awareness or mental attitude of the subject to the deed. The concept of guilt in civil law covers a larger circle of people. Indeed, the subjects of civil law relations include not only individuals, but also legal entities. Of course, it is quite difficult to talk about the mental attitude to the deed of the latter.

It is also important that in civil law relations the forms of guilt are not as important as in criminal law. As a rule, proof of its existence is required. It is extremely rare to resolve a dispute by establishing a specific form of guilt - intent, negligence, etc.

History reference

In Roman law, the definition of guilt was not disclosed by the norms. But there were certain signs by which one or another of its forms was characterized.

Before the revolution, the concept was not officially fixed in the civil legislation of Russia. A similar situation was noted in other countries.

In the Soviet period, the concept of guilt was not analyzed at all. This was due to the fact that its characterization by pointing to signs of intentional and careless forms was considered quite sufficient at that time.

Meanwhile, guilt in civil law is one of the central concepts. It is of great importance for the study of issues related to prosecution, both in theory and in practice.

Guilt in civil law is a collective concept. Currently, it is disclosed in article 401 of the Civil Code through forms, and not by indicating the specific features inherent in each of them.

Objectivist concept

Its emergence is considered as the initial stage of cardinal changes in the direction of studying the types of guilt in civil law, previously focused on the criminal law approach. Civil law is still dominated by the understanding of it as the mental attitude of the offender to his illegal actions / inaction and their consequences. From a criminal law point of view, personal responsibility of citizens is recognized as legal responsibility. In this regard, the main attention was paid to the issues of psychological attitude to the act.

The idea of ​​the "objectivist" ("behavioral") concept is that guilt in civil law should be determined through its objective features. Supporters of this theory are M. I. Braginsky, E. A. Sukhanov, V. V. Vitryansky, etc. According to the objectivist concept, guilt is a measure aimed at preventing the negative consequences of the behavior of a subject of civil law relations.

Signs of Guilt

If we consider it as a psychological phenomenon, we can distinguish the following distinctive features:

1. Conscious attitude of a person to an act. Consciousness in this case is a common property of manifestations of the human psyche. Simply put, the subject must and is quite capable of adequately relating to everything that happens around him. If we talk about a person's awareness of his actions, here we are talking about understanding specific behavioral acts. Awareness is considered a common feature that is inherent in all forms of guilt, with the exception of negligence (in this case, the consequences of a wrongful act are not realized).
2. The expression of the feelings and emotions of the offender, which usually have a negative connotation. The subject committing an unlawful act expresses by this his negative, dismissive, and in some cases completely indifferent attitude towards the order that operates in society. Many experts believe that this feature makes it possible to distinguish guilt from other forms of a person's subjective attitude to his behavior and its consequences.
3. The danger of the act reflects the degree of negative attitude of the violator to state and public values. Many experts refer to this phenomenon as "vice of the will."
4. The assessment of the violation is expressed in the reaction of society to the act and the subject who committed it. At the same time, the existing and approved by the majority rules act as criteria.

It must be said that not only will acts as a determining factor of guilt. In many cases, on the contrary, the will is recognized as a consequence of a negative attitude towards the interests of others.

Guilt is a complex of mental processes occurring in a person, including volitional ones. A negative attitude to values ​​largely depends on the feelings and emotions that affect the will, causing the adoption of certain decisions.

Features of the choice of behavior model

It seems that a conscious illegal act cannot be regarded as a manifestation of a vice of will. In such a situation, the subject had a choice of a behavior model. The person consciously chose illegal behavior, respectively, there is no defect of will.

As some lawyers note, the mechanisms of illegal and lawful acts in their form consist of the same psychological components that are filled with different ideological and social content. In all cases, they reflect the external environment within which the personality of the subject is manifested. Of course, the behavior of the violator can be considered inadequate, bearing in mind the fact that he violates the law with his actions. At the same time, it is impossible not to see that this behavior of his corresponds to the subjective meaning that the person attaches to this event in the context of a limited outlook, the specifics of social orientation, interests, views of the perpetrator, etc.

Nuances

Any theory about responsibility for guilt in civil law has the right to exist. But if you do not take into account the attitude of a person to his act, there is a risk of returning to the principle of objective imputation. Scientists have tried to move away from this principle for quite a long time. The first step in this direction is to equate the concepts of "guilt" and "wrongful conduct". These two terms cannot be identified, despite the fact that the first has a direct connection with the second.

Guilt and innocence

Adherents of the objectivist theory believe that in the definition disclosed in Article 401 of the Civil Code, there is precisely an objective approach. In doing so, the authors refer to para. 2 1 paragraph of this rule. It enshrined the concept of innocence of the subject. According to the provisions of the article, the absence of guilt in civil law is proved by confirmation of the adoption of all measures required from a person, depending on the obligations assigned to him and the conditions of turnover in which he is. This point of view, however, for a number of experts seems to be very controversial.

It should be noted that the objectivist approach contains some subjective elements. So, caring and mindfulness, acting as psychological categories, indicate a certain level of activity of mental processes occurring in a person. Therefore, they must be recognized as subjective elements.

O. V. Dmitrieva believes that caring and attentiveness reflect the degree of volitional and intellectual activity that is inherent in each subject.

presumption of guilt

For the imputation of criminal liability, the key action is to establish guilt. In civil law, the situation is exactly the opposite. As a general rule, there is a presumption of guilt. This means that the subject is by default considered guilty until proven otherwise. In this case, the burden of refutation is placed on the violator himself.

It is also worth mentioning here that the degree of guilt is of great importance in criminal law. In civil law, liability measures are applied in the presence of a proven fact of an offense.

Intentional and careless forms

Intention in the actions of the subject takes place when the violator foresaw the danger of his actions, wished or consciously allowed the onset of negative consequences. As you can see, the concept is similar to that given in criminal law. However, one should agree with a number of experts that the transfer of the psychological attitude of the subject from the criminal to the civil law sphere when dividing guilt into negligence and intent is unacceptable without taking into account civilistic traditional structures.

The well-known civil lawyer M. M. Agarkov put forward the following position regarding negligence and intent. As the latter, one should consider the subject's foresight of such a result that makes his behavior unlawful. Intent is recognized as direct when a person assumes and pursues the goal of achieving such consequences. It will be considered possible if the subject foresees and admits this negative result, but does not directly pursue the goal of achieving it.

Negligence is the lack of forethought required of a person in these circumstances. It will take place if the subject does not assume what consequences his behavior may entail, although he should have assumed, or he foresees a negative result, but frivolously admits that it will be prevented.

At the same time, according to A. K. Konshin, intent is a deliberate action/inaction aimed at non-performance/improper performance of obligations or creating conditions under which its performance is impossible. As you can see, the author, although he tries to avoid a psychological approach, still cannot but use the concept of "intentional", which shows precisely the personal attitude of the violator to his behavior.

motive

When proving guilt, it does not matter much. The main thing is the property consequences, to which the specific actions / inaction of the person led. The magnitude of the damage is also important. The guilt of the harm-doer in civil law is not made dependent on the motives that guided the subject. Regardless of whether he committed an offense out of self-interest or other considerations, he will have to compensate for the damage incurred in full or in a certain part of it.

The motive is a combination of factors that determine the choice of a behavioral model that is contrary to the law, and a specific scheme of actions / inaction in the course of a violation. With intent, they will recognize a complex of circumstances that prompted a person to inaction / action. However, they usually do not affect the civil liability of the subject in any way. This is where civil law differs from criminal law. Motive often acts as a qualifying sign of a crime.

If it is established by a civil court that the intent was based on certain motives, that is, the person desired and aspired to a specific result, then he will be found guilty. Accordingly, he will be assigned measures of property liability.

Careless shape features

This type of guilt occurs when the debtor fails to exercise due diligence and diligence to the extent required for the proper performance of the obligation in terms of turnover. Gross negligence is the failure by a person to show the minimum degree of diligence and care that could be expected from any participant in civil transactions, failure to take measures to ensure the proper fulfillment of obligations.

Legal relations regulated by the Criminal Code have an imperative character. This is their difference from the civil law turnover, in which all interactions are carried out according to the principle of optionality. In a situation where most of the issues can be resolved by agreement of the parties, negligence is easier to show, since one can hope for the consent of the other side of the tacitly expressed will.

The specificity of negligence is that it can act as a consequence of the complication of regulatory regulation. Among the large number of rules governing a certain category of public relations, conditions for negligence can always arise.

Guilt of a legal entity in civil law

The subjects of civil circulation are not only individuals, but also organizations, as well as public legal entities. Consideration of issues related to establishing the guilt of a legal entity requires special attention. The fact is that there are many obvious differences from the guilt of an individual. That is why these two legal categories can neither be compared nor identified.

A legal entity cannot directly relate negatively to the rights and interests of other participants in the turnover and, of course, is not able to realize the degree of illegality and the nature of behavior. Meanwhile, domestic legal science speaks of a special will of a legal entity, the content of which is formed by the entire team as a whole.

Speaking about the fault of legal entities, G. E. Avilov points to the fault of its officials and other employees, i.e. persons who, in specific circumstances, act on behalf of the organization.

According to the provisions of paragraph 1 of article 48 of the Civil Code, a legal entity is an entity that has separate property in economic management, operational management or ownership, with which it is liable for its debts, capable of acquiring and exercising rights (including non-property ones) on its own behalf, incurring obligations, appear in court in the status of defendant or plaintiff.

The offense of a legal entity indicates the poor performance of its internal structure, personnel, organizational, technological and other mechanisms. For example, if the company produces furniture, then the products must be of proper quality and comply with established regulations and standards. If one of the assemblers allows marriage, this legal entity is responsible, and not a specific employee. In this case, it should be said that the fault of the enterprise lies in the unfair selection of personnel, improper control over the work of employees, etc.

It must be said that the legal entity is held liable for the actions / inaction of employees committed during the performance of their labor duties. Sanctions against the organization are also applied if the damage was caused by the fault of a freelance worker.

From what has been said, the following can be concluded. Causing damage by the subject, realizing his labor duties, is a civil offense. Its subject is a legal entity - an enterprise that employs the corresponding citizen. The fault of the organization will be in the in-house omissions made by the personnel department.

Distinctive features of the guilt of a legal entity

The organization is considered as an independent subject of civil law relations. A legal entity implements legal capacity with the help of its own internal structure, organizational unity. Unlike the guilt of an individual, the guilt of an organization does not reflect the mental attitude to the act and its results. This is an independent legal category, which should rather be considered as a failure to take the necessary measures to prevent or suppress an illegal action/inaction.

Conclusion

Taking into account all of the above, several conclusions can be drawn.

Guilt is one of the grounds in the presence of which civil liability arises.

Today, two key theories regarding the nature of guilt dominate in legal science: psychological and objectivist. The first is borrowed from the criminal law sphere. Adherents of this concept consider guilt as the mental attitude of the subject to his behavior and consequences. Supporters of the second theory define guilt as failure to take measures necessary within the framework of these legal relations.

In the literature, unfortunately, there is no consensus on issues related to the characterization of the guilt of a legal entity. Of all points of view, two can be distinguished that are of legal interest. According to the first, the fault of the organization is reduced to the fault of its employees. According to the second concept, a legal entity acts as an independent subject of guilt.

However, it should be noted that guilt in the framework of civil law relations does not perform such essential functions as in other legal branches (for example, in administrative, criminal law). The fact is that in certain cases, measures of civil liability can be applied without the absence of guilt. The concept of "legal entity" is an exclusively legal construction in which the word "person" is used rather conditionally. In this regard, if within the framework of civil law relations the enterprise is guilty, then it is impossible to assign guilt to a specific official or ordinary employee.

The approaching holiday season means that you will have to take care not only of delicious food on the table, but also of the right wine. It is not necessary to be a sommelier to buy wine for a family holiday or a friendly party, but you may need a few simple tips, how to look like a real professional when it is presented and the subsequent conversation. Here are the main wine terms, flashing which, you will definitely become a real connoisseur in the eyes of others.

Land or mineral wine

As it turned out, wine can be not only red, white or rose, but also earthy and mineral. Elisabeth Schneider, author of Wine for Normal People, explains that depending on the area (including the soil) where the grapes are grown, some wines in their bouquet have a distinct taste and aroma of the soil, while others have a mountain stream. Land wine usually corresponds to red dry and semi-dry wine (for example, Bordeaux wine from the Bordeaux region of the same name in southwestern France), and mineral wine to dry and semi-dry white wine (for example, Sauvignon Blanc from the Loire Valley in western France). The choice is yours whether you prefer a "heavier" red wine or a "lighter" white wine.

Dry or sweet wine

Imagine this picture: you are choosing wine for a party and do not know what to choose. The seller asks: do you prefer dry or sweet wine? And then you remember that you once tried a very tasty Argentine wine Malbec, and you answer that you like sweet things. But there's a catch, says sommelier Laura Manitz, owner of Corkbuzz Wine Studios. Malbec is a dry wine with fruity notes (plum and vanilla), but not sweet at all. Use this trick to determine if a wine is really sweet (with added sugar) or dry with fruity notes: dip the tip of your tongue into a glass of wine - if you get a sweet taste, then this is a wine with added sugar, that is, sweet. If this does not happen, then it is dry with fruity notes. It remains only to decide which wine you and your friends like more - sweet or dry.

Acidity of wine

One of the main indicators of the quality and taste of wine is its acidity, Schneider and Manitz note. According to them, if you are a fan of a refreshing Sauvignon Blanc or a bright Pinot Noir, then you most likely like sour wines more. A wine is considered sour if it leaves a tart taste in the mouth after drinking, they add. For holiday table from white wine, the expert advises choosing Riesling, and from red - Gamay Noir wine ( better production Germany or France).

Decanting wine

On a holiday, a friend gives you a bottle of vintage wine and tells you to decant it before serving. What is decanting wine and what is it eaten with? In fact, Schneider and Manitz reassure, everything is simple - you need to pour the wine from the bottle into the decanter. This way you will give the wine a "breathe" after it has been in a bottle without oxygen for several years. This technique improves the aroma and texture of the wine, sommeliers emphasize. Advice from them: do not stain the carafe and just pour the wine into glasses. Let the wine stand in the glass for 20 minutes before serving and enjoy the rich taste.

Tannins in wine

In the conversations of sommeliers or just wine lovers, you can often hear the term "tannin". It is a naturally occurring polyphenol, due to which bitterness and astringency are present in dry wine. Tannins are found in plants, seeds, wood, leaves and fruit peels. They are found mainly in red wines and give them an astringent, tannic taste (hence the astringency in wine). Some wines are more tart than others, such as the Italian Nebbiolo or the French Cabernet Sauvignon. Although these wines are too dry on their own, they open up when paired with food. Especially with fatty and protein foods, which “smooth out” the taste of the wine and make it more velvety.

The "body" of wine

Of all the anthropomorphic terms that are used to describe wine, "body" is probably one of the most unusual. The "body" of wine is our tactile perception of the drink, not its taste or aroma. This feeling of density, density and viscosity of wine in the mouth. So, for example, sweet or semi-sweet wine seems more dense and full of flavor than dry wine, due to the presence of sugar in it. It is suitable for the winter period of time to sweeten its "heaviness" a little. A great option is Port, a fortified wine from the Douro Valley in Portugal. Dry and semi-dry wines with a lighter "body" leave a feeling of freshness and coolness, so they are popular on a hot day. Schneider and Manitz advise to invite friends to the dacha on such a day and treat them to white Muscadet with citrus notes.