Mamedova S. Application of Penalties in Economic Relations

The dissertation is devoted to the research of legal bases of application of penalties in economic relations. It was argued for the first time that in economic relations in the application of penalties, such a principle of legal liability as the principle of inevitability of liability is not mandatory due to the fact that filing a claim against the violator is the right of the creditor, but not obligatory, and even in the existence of an offense, the application of penalties is possible only on the basis of the will of the creditor. For the first time, the additional criteria for the classification of penalties in commercial law were suggested by: 1) the subject of application; 2) the subject; 3) type of the offense; 4) the frequency of penalties payout. The exhaustive list of grounds, according to which the court reduces the amount of such sanctions, was proposed for the first time. For the first time it was proposed to give court the right to reduce the amount of penalties.