Recently, the state taken various measures to protect the rights of citizens who use the various types of transportation, namely air, road and rail. In turn, the legal status of the passenger includes a number of rights and obligations, which legal regulations are in need of improvement. As practice shows, to date, more frequent non-standard rights violations during transportation of passengers and active use of the citizens of judicial and extrajudicial protection of their rights. This paper is devoted to these issues and graduate student of the Department of Private International Law, Faculty of Law of the National Research University «Higher School of Economics» Kasatkina A.S. considering these issues.
The article reveals the essence of the penalty, its main features as a measure of contractual liability.The author examines the procedures and principles for calculating the penaltyand the reasons and ways to reduce its size. The author also analyze the major challenges of the penalty on the basis of legislation and judicial practice.
The article is devoted to one of the most complicated issues in the process of ascertaining director's liability for striking an unprofitable bargain on behalf of the company - the issue of imposition of a duty to prove good faith and reasonableness of director's behavior. We analyze the essential provisions of the legislation setting forth the director's liability and the proposals for its development in order to suggest recommendations on allocation of the burden of proof.