Annotation

This article is devoted to the analysis of changes taking place in the institution of civil liability in Russian law. The author examines the contradiction between its traditional understanding as a tool for restoring violated rights and modern approaches, within which the preventive and repressive aspects of legal influence are becoming increasingly important. The work shows that the uncontrolled strengthening of the punitive function leads to risks of unjust enrichment and disruption of the balance of interests. As a solution, the author proposes a doctrinal comprehension and legislative clarification of the criteria for applying existing sanctions, including the development of the concepts of «gross negligence» and «bad faith» in relation to commercial transactions.