Unique Character of the Guilt Principle in the Russian Tort Law

Abstract

The main purpose of this article is to identify the peculiarities of the guilt principle in the Russian tort law. For this purpose the author makes a comparative and legal analysis of the guilt principle in the light of the main legal systems. Contrary to the prevailing perception, in applying the guilt principle the civil tort law is more similar to the common law than to the Russian law. The latter differs in the presumption of an off ender’s guilt. This approach is a result of a particular legal thinking, typical for the Soviet epoch. The analysis of historical and legal aspects shows that class and ideological principles have influenced greatly the changes in the approach to the guilt during the Soviet period, compared to the previous position in the pre-revolutionary Russian law which was much similar to the civil law.

Keywords:

tort law, civil law, common law, civil liability, presumption of guilt, guilt principle, causation principle, class and ideological approach