kulrKazan University Law ReviewKazan University Law Review2541-88232686-7885Казанский (Приволжский) федеральный университет10.30729/2541-8823-2019-4-1-58-69kulr-47Research ArticleCOMMENTARIESLegal obligation, its place and role in the theory of civil-law protection of stateLegal obligation, its place and role in the theory of civil-law protection of stateBabakovV.BabakovV.

Vladimir Babakov, Professor, Candidate of Legal Sciences, Associate Professor

Department of Civil Law

410056; office 521, part 5, building 1 Vol’skaya St.; Saratov

Vladimir Babakov, Professor, Candidate of Legal Sciences, Associate Professor

Department of Civil Law

410056; office 521, part 5, building 1 Vol’skaya St.; Saratov

k_civil@ssla.ruSaratov State Law AcademyРоссияSaratov State Law AcademyRussian Federation201930032019415869Copyright © Babakov V., 20192019Babakov V.Babakov V.Данная работа распространяется под лицензией Creative Commons Attribution 4.0.This work is licensed under a Creative Commons Attribution 4.0 License.https://kulr.elpub.ru/jour/article/view/47

   The article is devoted to legal obligation and its influence as a legal institute. Any legal obligation becomes a substantive duty only when it is supported by the possibility and necessity of ensuring it through execution. The author presents different positions of scholars in the doctrine. The article outlines the mechanism of civil law protection of the state as a legal structure in civil legal relations; it indicates the specifics of the mechanism under consideration, its essentially complex nature; it talks about government officials minimizing the risks and the cost on the part of the state. The provisions of the Civil Code of the Russian Federation are shown as well. The analysis allows us to consider the theory of civil law protection of the state as a single system of specific elements and to argue that the current state of the mechanism for exercising civil liability of the state with certain attempts to reform it requires clarification.

   The article is devoted to legal obligation and its influence as a legal institute. Any legal obligation becomes a substantive duty only when it is supported by the possibility and necessity of ensuring it through execution. The author presents different positions of scholars in the doctrine. The article outlines the mechanism of civil law protection of the state as a legal structure in civil legal relations; it indicates the specifics of the mechanism under consideration, its essentially complex nature; it talks about government officials minimizing the risks and the cost on the part of the state. The provisions of the Civil Code of the Russian Federation are shown as well. The analysis allows us to consider the theory of civil law protection of the state as a single system of specific elements and to argue that the current state of the mechanism for exercising civil liability of the state with certain attempts to reform it requires clarification.

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The authors declare that there are no conflicts of interest present.