Types of liability of an entrepreneur business law.
essence type responsibility entrepreneur
Liability arises from failure to fulfill statutory duties and obligations, as well as from non-fulfillment or improper performance of contracts.
Highlight the following types responsibilities:
D legal liability;
D civil liability;
G joint liability;
G subsidiary liability;
G mixed liability;
G administrative responsibility;
D criminal liability;
Responsibility to partners under business contracts;
D Responsibility of entrepreneurs for violation of antimonopoly legislation
D Responsibility for low quality of products (works, services)
The legal liability of entrepreneurs is established legal norms the obligation of the entrepreneur to suffer adverse consequences if they fail to fulfill established by standards rights (laws) and contracts of duties and obligations. Depending on the industry sector, the legal norms establishing liability apply:
ь civil law;
b administrative
b criminal liability;
ь disciplinary;
ь material;
ь moral.
Civil liability arises due to the fact that entrepreneurs are participants in civil transactions. Civil legislation provides for the legal consequences of non-fulfillment or improper fulfillment of prescribed duties and obligations. The offending enterprise in relation to another person (creditor) or the state is subject to sanctions established by law or contract that have negative property (financial) consequences for the offender - payment of penalties (fines, penalties), compensation for losses, seizure of property, compensation for harm.
Civil liability is property and is of a compensatory nature. The main purpose of applying civil liability is to restore the rights of the injured party. Civil liability arises either from non-contractual relations, but determined by the rules of law, or from contractual relations due to non-fulfillment or improper performance of concluded contracts. The level of liability of the guilty party can be shared, joint, subsidiary or mixed.
A joint obligation, or joint claim, arises if it is provided for by an agreement or established by law, including if the subject of the obligation is indivisible. The obligations of several debtors under an obligation related to entrepreneurial activity, as well as the claims of several creditors in such an obligation, are joint and several. In case of joint and several obligations of debtors, the creditor has the right to demand fulfillment of obligations from all debtors jointly and any of them separately, both in full and in part of the debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors, who remain obligated until the obligation is fully fulfilled. Fulfillment of joint liability by one of the debtors releases the others from fulfilling their obligations.
Vicarious liability is the additional liability of persons who, along with the debtor, are liable to creditors for improper fulfillment of an obligation in cases provided for by law or contract.
Mixed liability is liability arising from non-fulfillment or improper fulfillment of an obligation due to the fault of both parties.
The owner of the enterprise, in accordance with labor law, establishes the financial liability of employees for damage caused to the entrepreneur as a result of the unlawful and guilty behavior of employees. Financial liability can be within the limits of average monthly earnings and full, established for employees with whom an agreement on individual or collective financial liability has been concluded. Full financial liability must be established when an employee receives material assets against a report based on one-time documents, and also if the actions of the employee who caused the damage contain signs of a criminal offense.
In accordance with labor law, the constituent documents of enterprises establish disciplinary liability of employees as a form of influence on violators labor discipline. Forms of disciplinary sanctions include reprimands, reprimands, and dismissal from work.
Administrative responsibility of entrepreneurs and officials enterprise was established for committing an administrative offense when carrying out business activities. It arises when obligations are not fulfilled in accordance with the Code of the Russian Federation on Administrative Offences, as well as when obligations established by other laws are not fulfilled. For entrepreneurs and legal entities, the main form of administrative punishment is a fine-monetary penalty established in accordance with the Code of the Russian Federation on Administrative Offenses.
Criminal liability is, in accordance with the provisions of the Criminal Code of the Russian Federation, a type of liability of entrepreneurs that arises when committing illegal actions in the process of entrepreneurial activity, containing all the signs of a crime provided for by the Criminal Code of the Russian Federation, including in Chapter 22 “Crime in the field economic activity" A person who has committed an unlawful act intentionally or through negligence is found guilty of a crime. Types of criminal punishment for illegal actions when carrying out business activities are:
b deprivation of the right to hold certain positions or engage in certain activities;
ь compulsory work;
b confiscation of property;
ь restriction of freedom;
b imprisonment for a certain period.
Liability to partners under business contracts - this type of liability is regulated by civil law. The fundamental rules on this issue are contained in the Civil Code of the Russian Federation. Liability provided for by law is a method of economic regulation of economic relations. It is always of a property nature and thus exerts an economic impact on the violator of contractual relations.
The difference between the civil liability of an entrepreneur and the liability to authorities discussed above government controlled is that sanctions are collected in favor of the victim. The partner in the business contract himself is an interested party. He initiates a demand for sanctions. If the defendant does not satisfy his demands, the dispute is referred to the arbitration court by filing a claim. Entrepreneurs participating in contractual relations are called creditor and debtor.
Types of responsibility. For violation of contractual obligations, liability may include compensation for losses caused to the creditor or collection of a penalty. Compensation for losses is the main form of civil liability, which most fully meets the principle of commodity-money relations, since in this case the creditor receives full compensation.
Violations of customs rules and responsibility for them. Customs regulations can be defined as the procedure (including the application customs regimes) and moving procedures, customs control And customs clearance goods and Vehicle, moved across the customs border Russian Federation, collection of customs duties and their payment, provision of customs benefits and application of customs restrictions. Customs legislation provides for liability for violation of these rules. Violations of customs rules by their nature and character represent administrative offenses in the field of customs affairs, for the commission of which administrative liability is provided. This follows directly from the content of Art. 231 of the Labor Code: “Persons who have committed a violation of customs rules are liable in accordance with this Code, and in the part not regulated by it, in accordance with the legislation of the Russian Federation on administrative offenses.”
Liability arises due to failure to fulfill the duties and obligations established by law in the event of non-fulfillment or improper performance of contracts
The responsibility of entrepreneurs is understood as the obligation, the need to take certain actions aimed at restoring unfulfilled established (agreed) duties (obligations), eliminating violations of the rights of business entities, clients, employees, and the state. Accordingly, business partners and government bodies are responsible to entrepreneurs if they fail to fulfill contractual obligations and make decisions that violate the rights of entrepreneurs.
Entrepreneurs bear legal responsibility, which is an obligation established by legal norms to suffer adverse consequences if they fail to fulfill the duties and obligations established by legal norms (laws) and contracts. Depending on the industry sector, the legal norms establishing liability are civil, administrative and criminal. RESPONSIBILITY of entrepreneurs. There are also disciplinary, material, and moral responsibilities.
Entrepreneurs as subjects market economy, participants in civil transactions bear, first of all, civil liability, which represents the legal consequences established by civil law for failure to fulfill or improper performance of prescribed duties and obligations.
Civil liability is expressed in the application to the offender in relation to another person (creditor) or the state of measures of influence established by law or contract, which have negative property (financial) consequences for the offender in the form of payment of a penalty, compensation for losses, seizure of property, compensation for interference.
Civil liability is property and is of a compensatory nature, since main goal its application is to restore the rights of the injured party (creditor). The civil liability of wine entrepreneurs extends from non-contractual relations. It is established by the relevant rules of law, and is also contractual, arising through non-fulfillment or improper execution of concluded contracts. From the point of view of the level (role) in the identity of the guilty party, civil liability is divided into partial, joint, subsidiary and mixed.
A joint obligation (liability), or a joint claim arises if the solidarity of the duty or claim is provided for by an agreement or established by law, in particular, if the subject is indivisible, it obliges. Legend. The obligations of several debtors under an obligation related to entrepreneurial activity, as well as the claims of several creditors in such an obligation, are joint and several, unless otherwise provided by law, other legal acts and the terms of the obligation. In case of joint and several obligations of debtors, the creditor has the right to demand fulfillment of obligations both from all debtors jointly and from any of them separately, both in whole and in part of the debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors; they will become obligated until the obligation is fully fulfilled. Fulfillment of a joint and several obligation in full by one of the debtors releases the others from fulfilling their obligations. Thus, participants in a limited liability company who have not made full contributions bear joint liability for its obligations to the extent of the value of the unpaid portion of the contribution of each participant.
subsidiary liability is the additional responsibility of persons (parties) who, along with the debtor, are responsible to creditors for the proper fulfillment of obligations in cases provided for by law or contract. Participants general partnership jointly and severally bear subsidiary liability with their property for the obligations of the partnership. A participant in a general partnership who is not its founder is liable equally with other participants for obligations that arose before his entry into the company. A participant who has left the partnership is liable for the obligations of the partnership that arose before the moment of his departure, along with other participants, for 2 years from the date of approval of the report on the activities of the partners for the year in which he left the company.
Mixed liability is liability arising from non-fulfillment or improper fulfillment of an obligation due to the fault of both parties.
An entrepreneur as the owner of an organization (enterprise) in accordance with labor law establishes the financial liability of employees for damage caused to the entrepreneur through their fault
Financial liability can be established only for damage that arose as a result of the unlawful and guilty behavior of employees
There are two types of financial liability: limited (within 1/3 of the average monthly earnings) and full, established for the employee with whom an agreement on individual or collective financial liability has been concluded. Full financial liability must be established when an employee receives material assets (money) on account of one-time documents, and also if the actions of the employee who caused the damage contain signs of a criminal offense.
In the constituent documents business organizations must be established in accordance with labor law disciplinary liability workers as a form of influence (punishment) on violators of labor discipline. The following apply disciplinary action: reprimand, reprimand, dismissal from work.
Administrative liability of entrepreneurs and officials of business organizations has been established for committing an administrative offense when carrying out business activities
Criminal liability is one of the types of legal liability of entrepreneurs that arises when committing illegal actions in the process of business activity. Types of criminal penalties for illegal activities and actions in the conduct of business activities are: fine; deprivation of the right to hold certain positions or engage in certain activities; compulsory work; correctional work; confiscation of property; about low water freedom; arrest; imprisonment for a certain period.
The essence and types of responsibility of entrepreneurs. Ways to ensure that entrepreneurs fulfill their obligations.
IN general form under responsibility of entrepreneurs refers to the obligation, the need to take certain actions aimed at restoring unfulfilled established (contractual) duties (obligations), violated rights of business entities, clients, employees, and the state. Accordingly, business partners and government bodies are responsible to entrepreneurs if they fail to fulfill contractual obligations or make decisions that violate the rights of entrepreneurs. Liability arises from failure to fulfill the duties and obligations established by law in the event of non-fulfillment or improper performance of contracts.
Entrepreneurs bear legal responsibility, which is the obligation of entrepreneurs established by legal norms to suffer adverse consequences if they fail to fulfill the duties and obligations established by legal norms (laws) and contracts. Depending on the sectoral affiliation of the legal norms establishing liability, civil, administrative and criminal liability are applied. There is also disciplinary, material and moral responsibility.
Entrepreneurs as subjects of a market economy and participants in civil transactions bear, first of all, civil liability, which represents the legal consequences established by civil law for non-fulfillment or improper fulfillment of stipulated duties and obligations. Civil liability is manifested in the application to the offender in relation to another person (creditor) or the state of measures established by law or contract, which have negative property (financial) consequences for the offender in the form of payment of a fine, penalty), compensation for losses, seizure of property, compensation for harm.
Civil responsibility is property, has a compensatory nature, since the main purpose of its application is to restore the rights of the injured party (creditor). It arises from non-contractual relations, is established by the relevant rules of law, and is also contractual, arising from non-fulfillment or improper performance of concluded contracts. From the point of view of the level (role) of responsibility of the guilty party, civil liability is divided into shared, joint, subsidiary and mixed.
Joint responsibility, or joint and several claim, arises if it is provided for by contract or established by law, in particular, if the subject of the obligation is indivisible. The obligations of several debtors under an obligation related to entrepreneurial activity, as well as the claims of several creditors in such an obligation, are joint and several, unless otherwise provided by law, other legal acts and the terms of the obligation (Article 322 of the Civil Code of the Russian Federation).
In case of joint and several obligations of debtors, the creditor has the right to demand fulfillment of obligations both from all debtors jointly and from any of them separately, both in full and in part of the debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors, who remain obligated until the obligation is fully fulfilled. Fulfillment of a joint and several obligation in full by one of the debtors releases the others from fulfilling their obligations. Thus, participants in a limited liability company who have not made full contributions bear joint liability for its obligations to the extent of the value of the unpaid part of the contribution of each participant.
Subsidiary liability is the additional responsibility of persons (parties) who, along with the debtor, are responsible to creditors for the proper fulfillment of obligations in cases provided for by law or contract. Thus, in accordance with the Civil Code of the Russian Federation, participants in a general partnership jointly and severally bear subsidiary liability with their property for the obligations of the partnership. A participant in a general partnership who is not its founder is liable equally with other participants for obligations that arose before his entry into the partnership.
A participant who has left the partnership is liable for the obligations of the partnership that arose before the moment of his departure, on an equal basis with other participants, for 2 years from the date of approval of the report on the activities of the partnership for the year in which he left the partnership. Participants in a company with additional liability jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions, determined by constituent documents society. The main business company (partnership) in case of insolvency (bankruptcy) through its fault subsidiary company bears subsidiary liability for the debts of the subsidiary.
Mixed liability is liability arising from non-fulfillment or improper fulfillment of an obligation due to the fault of both parties.
An entrepreneur, as the owner of an organization (enterprise), in accordance with labor law, establishes the financial liability of employees for damage caused to the entrepreneur as a result of the unlawful and guilty behavior of employees. Material liability there are two types: limited(within the average monthly earnings) and full, established for employees with whom an agreement on individual or collective financial responsibility has been concluded. Full financial liability must be established when an employee receives material assets (money) against one-time documents, and also if the actions of the employee who caused the damage contain signs of a criminal offense.
It is necessary to establish in the constituent documents of business organizations and in accordance with labor law disciplinary liability workers as a form of influence (punishment) on violators of labor discipline. The following disciplinary sanctions are applied: reprimand, reprimand, dismissal from work.
Administrative responsibility entrepreneurs and officials of business organizations have been established for committing an administrative offense when carrying out business activities. It arises when duties are not fulfilled in accordance with the Code of the Russian Federation on Administrative Offences, as well as when duties (obligations) established by other laws are not fulfilled. For entrepreneurs, the main form of administrative punishment (liability) is fine- a monetary penalty established in the range from one tenth to 1000 of the minimum wage (minimum wage) in accordance with the Code of Administrative Offenses of the Russian Federation (CoAP RF) and up to 5000 minimum wage - in accordance with federal laws.
Criminal liability- this, in accordance with the provisions of the Criminal Code of the Russian Federation, is one of the types of liability of entrepreneurs that arises when committing illegal actions in the process of business activity, containing all the signs of a crime provided for by the Criminal Code of the Russian Federation, primarily in Chapter. 2 “Crimes in the field of economic activity.” A person who has committed an unlawful act intentionally or through negligence is found guilty of a crime.
Types of criminal punishment for illegal actions when carrying out business activities are: fine, deprivation of the right to hold certain positions or engage in certain activities; compulsory work; correctional work; confiscation of property; restriction of freedom; arrest; imprisonment for a certain period. The fine is set by the court in the amount of 25 to 1000 minimum wages or in the amount wages or other income of the convicted person for a period from 2 weeks to 1 year. The amount of the fine is set by the court depending on the severity and type crime committed in the field of economic activity.
In general terms, the responsibility of entrepreneurs is understood as the obligation, the need to take certain actions aimed at restoring unfulfilled established (agreed) duties (obligations), violated rights of business entities, clients, employees, and the state. Accordingly, business partners and government bodies are responsible to entrepreneurs if they fail to fulfill contractual obligations or make decisions that violate the rights of entrepreneurs. Liability arises from failure to fulfill the duties and obligations established by law, in case of non-fulfillment or improper performance of contracts.
Entrepreneurs bear legal responsibility, which is the obligation of entrepreneurs established by legal norms to suffer adverse consequences if they fail to fulfill the duties and obligations established by legal norms (laws) and contracts. Depending on the sectoral affiliation of the legal norms establishing liability, civil, administrative and criminal liability of entrepreneurs is applied. There is also disciplinary, material and moral responsibility.
Entrepreneurs as subjects of a market economy and participants in civil transactions bear, first of all, civil liability, which represents the legal consequences of failure to fulfill or improper fulfillment of prescribed duties and obligations established by civil legislation. Civil liability is manifested in the application to the offender in relation to another person (creditor) or the state of sanctions established by law or contract, which have negative property (financial) consequences for the offender in the form of payment of a penalty (fine, penalty), compensation for losses, seizure of property, compensation for harm .
Civil liability is property and is of a compensatory nature, since the main purpose of its application is to restore the rights of the injured party (creditor). The civil liability of entrepreneurs arises from non-contractual relations. It is established by the relevant rules of law, and is also contractual arising from non-fulfillment or improper execution of concluded contracts. From the point of view of the level (role) of responsibility of the guilty party, civil liability is divided into shared, joint, subsidiary and mixed.
A joint obligation (liability) or a joint claim arises if the solidarity of the duty or claim is provided for by an agreement or established by law, in particular when the subject of the obligation is indivisible. The obligations of several debtors under an obligation related to entrepreneurial activity, as well as the claims of several creditors in such an obligation, are joint and several, unless otherwise provided by law, other legal acts and the terms of the obligation (Article 322 of the Civil Code of the Russian Federation). In case of joint and several obligations of debtors, the creditor has the right to demand fulfillment of obligations both from all debtors jointly and from any of them separately, both in full and in part of the debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining joint and several debtors, who remain obligated until the obligation is fully fulfilled. Fulfillment of a joint and several obligation in full by one of the debtors releases the others from fulfilling their obligations. Thus, participants in a limited liability company who have not made full contributions bear joint liability for its obligations to the extent of the value of the unpaid part of the contribution of each participant.
Vicarious liability is the additional liability of persons (parties) who, along with the debtor, are responsible to creditors for the proper fulfillment of obligations in cases provided for by law or contract. Thus, in accordance with the Civil Code of the Russian Federation, participants in a general partnership jointly and severally bear subsidiary liability with their property for the obligations of the partnership. A participant in a general partnership who is not its founder is liable equally with other participants for obligations that arose before his entry into the partnership. A participant who has left the partnership is liable for the obligations of the partnership that arose before the moment of his departure on an equal basis with other participants for 2 years from the date of approval of the report on the activities of the partnership for the year in which he left the partnership.
Participants in a company with additional liability jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions, determined by the constituent documents of the company. The main business company (partnership), in the event of insolvency (bankruptcy) through its fault of a subsidiary, bears subsidiary liability for the debts of the subsidiary.
Mixed liability is liability arising from non-fulfillment or improper fulfillment of an obligation due to the fault of both parties.
An entrepreneur, as the owner of an organization (enterprise), in accordance with labor law, establishes the financial liability of employees for damage caused to the entrepreneur through their fault. Financial liability can be established only for damage that arose as a result of the unlawful and guilty behavior of employees. There are two types of financial liability: limited (within the average monthly salary) and full, established for employees with whom an agreement on individual or collective financial liability has been concluded. Full financial liability must be established when the employee receives material assets (money) on account according to one-time documents, and also if the actions of the employee who caused the damage contain signs of a criminal offense.
In the constituent documents of business organizations, it is necessary, in accordance with labor law, to establish disciplinary liability of employees as a form of influence (punishment) on violators of labor discipline. The following disciplinary sanctions will apply; reprimand, reprimand, dismissal from work.
Administrative liability of entrepreneurs and officials of business organizations is established for the commission of an administrative offense when carrying out business activities. Administrative liability arises when obligations are not fulfilled in accordance with the RSFSR Code of Administrative Offenses, as well as when duties (obligations) established by other laws are not fulfilled. For entrepreneurs, the main form of administrative punishment (liability) is a fine - a monetary penalty, set in the range from one tenth to 100 of the minimum wage (minimum wage) - in accordance with the RSFSR Code of Administrative Offenses, up to 5000 minimum wage - in accordance with federal laws; Criminal liability is, in accordance with the provisions of the Criminal Code of the Russian Federation, one of the types of legal liability of entrepreneurs that arises when committing illegal actions in the process of business activity.
The basis for criminal liability of entrepreneurs is the commission of an action containing all the elements of a crime provided for by the Criminal Code of the Russian Federation, primarily in Chapter. 22 “Crimes in the field of economic activity.” A person who has committed an unlawful act intentionally or through negligence is found guilty of a crime. Types of criminal punishment for illegal actions when carrying out business activities are: fine; deprivation of the right to hold certain positions or engage in certain activities; compulsory work; correctional work; confiscation of property; restriction of freedom; arrest; imprisonment for a certain period. The fine is set by the court in the amount of 25 to 1000 minimum wages or in the amount of wages or other income of the convicted person for a period of 2 weeks to one year. The amount of the fine is set by the court depending on the severity and type of crime committed in the field of economic activity.
Civil liability arises when entrepreneurs violate the provisions of civil legislation, which regulates the relationship between persons carrying out entrepreneurial activity, or with their participation.
Protection of civil rights is carried out through:
ь recognition of law;
b restoration of the situation that existed before the violation of the law and the intersection of the contested transaction;
ь invalidation of an act government agency or organ local government;
b self-defense rights;
ь coercion to perform duties;
ь compensation for losses;
ь collection of penalties;
ь compensation for moral damage;
ь termination of the violation of legal relations;
ь non-application by the court of an act of a state body or local government body that is contrary to the law;
b in other ways provided by law.
Civil liability of the enterprise and individual entrepreneurs arises due to their violation of the civil rights of other individuals and legal entities in accordance with current laws, other legal acts, in case of non-fulfillment or improper fulfillment of obligations in accordance with laws and concluded agreements.
An entrepreneur, as a citizen, is liable for his obligations with all the property belonging to him, with the exception of property that, in accordance with the law, cannot be foreclosed on.
General partners in a limited partnership are liable for the obligations of the partnership with their property, and investors bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions they made to the share capital.
Participants in a general partnership bear subsidiary liability for the obligations of the partnership with their property. LLC participants bear the risks of losses associated with the activities of the company, within the value of the contributions they made. Participants of the company who have not made full contributions bear joint liability for its obligations to the extent of the value of the unpaid part of the contribution of each participant. Participants in an ALC jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions, determined by the constituent documents of the company. In accordance with Article 56 of the Civil Code of the Russian Federation legal entities, except for owner-financed institutions, are liable for their obligations with all the property they own.
An obligation in civil law means a legal relationship by virtue of which one person (debtor) is obliged to perform a certain action in favor of another person (creditor), and the creditor has the right to demand from the debtor the fulfillment of his obligation. Obligations arise from a contract, as a result of harm or other reasons.
Each party to the obligation may be one person or several persons at the same time.
Obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such, in accordance with business customs or other requirements. Business customs should not contradict the provisions of the law or the contract that are mandatory for participants in legal relations.
In accordance with the Civil Code of the Russian Federation, the ways to ensure the fulfillment of an obligation are:
1. Penalty (fine, penalty) - an amount of money determined by law or contract that the debtor is obliged to pay to the creditor in the event of failure to fulfill or properly fulfill obligations, including in case of delay in fulfillment. The creditor has no right to demand payment of a penalty if the debtor is not responsible for non-fulfillment or improper fulfillment of the obligation.
The agreement on penalties must be completely in writing, regardless of the form of the main obligation. Failure to comply with the written form shall result in the invalidity of the liquidated damages agreement. Creditors have the right to demand payment of a penalty, determined by the obligation to pay it by agreement of the parties. The amount of the legal penalty may be subject to agreement between the parties, unless the law prohibits this. If the penalty payable is clearly disproportionate to the consequence of the violation of the obligation, the court has the right to reduce it, except in cases established by the Civil Code of the Russian Federation. The law or contract may provide for cases when the collection of only a penalty is allowed.
Losses are expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to property, as well as lost income that this person received under normal conditions.
2. Pledge is a way to ensure the fulfillment of obligations. By virtue of
of the pledge, the creditor has the right, in the event of failure by the debtor to fulfill the obligation, to receive satisfaction from the value of the pledged property preferentially before other creditors of the person who owns this property, with exceptions established by law. A pledge arises as a result of the conclusion of a pledge agreement, which must indicate the subject of the pledge, its valuation, the essence, size and deadline for fulfilling the obligation secured by the pledge.
3. Surety is another way to ensure the fulfillment of an obligation,
in accordance with which the guarantor undertakes to be responsible to the creditor of another person for the fulfillment by the latter of his obligations in whole or in part. The guarantee agreement is concluded in writing. In case of non-fulfillment or improper fulfillment by the debtor of the obligation secured by the guarantee, the guarantor and the debtor are jointly and severally liable to the creditor, unless the law or the guarantee agreement provides for the subsidiary liability of the guarantor.
4. Bank guarantee is a written obligation by virtue of which the bank
or a credit or insurance organization must pay the principal's creditor, in accordance with the terms of the obligation given by the guarantor, a sum of money upon submission by the beneficiary of a written demand for its payment
The principal is the debtor, at whose request the guarantor gives a shift obligation to pay the creditor the amount of money not paid by the debtor. For the payment of a bank guarantee, the principal pays a fee to the guarantor. The deposit is a sum of money given to one of the contracting parties as proof of the conclusion of the contract and to ensure its execution. The agreement on the deposit, regardless of the amount of the deposit, must be in writing.