The genesis of the development of penalties as an interim measure in the doctrine and law of Russia: historical and theoretical aspect

• Vronskaya M.V.

  Maria V. Vronskaya. Vladivostok State University. Vladivostok. Russia

Abstract. A retrospective analysis of the norms of penalties indicates the long-term, progressive development of the domestic institution of penalties and the rules governing its use as an interim measure. A huge step in the development of the domestic institution of penalties as a way of ensuring the fulfillment of an obligation became the adoption of the new Civil Code of the Russian Federation in 1994, as well as the introduction of a number of amendments to it in 2015, after which this codified act presented a detailed, holistic description of the penalty as a provisional measure, formulated a number of fundamentally new guidelines and principles related to it. Despite this positive step, scien-
tific and theoretical disputes regarding the legal nature of the penalty remain unresolved, which makes it difficult to understand and apply it in practice, since the legal positions of the law enforcer are not stable, there is no support either for the scientific understanding of this institution or for legislative provisions. The subject of the research is the civil law norms of the Russian law sources, the scientific and theoretical achievements of the authors of civil law in terms of formulating doctrines about the legal nature of the penalty. The result of the study was the author's conclusions about the different nature of the penalty, its preventive nature, aimed at ensuring contractual discipline of participants in civil legal relations. The conclusions obtained, taking into account the analysis of the historical and comparative development of the relations under consideration, can serve as the basis for making changes to the current Russian legislation.
Keywords: penalty, genesis, retrospective, securing obligations, liability, contractual discipline, preventive measure, creditor protection.