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TERRA ECONOMICUS

On modern civil law in Russia in the system of private law

TERRA ECONOMICUS, , Vol. 13 (no. 3),

The article covers the issues of improving the civil law of the Russian Federation and its enforcement in the modern Russian market economy. The author analyses the specifics of the Concept implementation for further development of the civil law in the sphere of entrepreneurship in the Russian Federation and protective measures if the rights of participants of entrepreneurial activity are violated. The author draws attention to the fact that some proposals on amendments to the Civil Code, affecting private as well as the public interest are deliberative in nature. It is noted that dramatic change in the substantive law did not result in timely parallel changes in the procedural forms of implementation of the legal norms. Analyzing the specifics of the civil law application in the field of economic relations, the author concludes that the absence of a clear mechanism for the protection of the subjective civil rights, even when a variety of ways such protection could take place, significantly reduces the effectiveness of the substantive law. Regarding the structure of the judicial system the author believes that the creation of a single pyramid of judiciary will stabilize the uniformity of judicial practice in the country. However, it will require streamlining the procedures and systems of building an independent branch of the judiciary. The article argues that the perspective should be the expansion of the practice of non-economic disputes by the courts – firsts of all, by the arbitral tribunal. In this respect, the Russian legal system faces the task to implement in legal practice of such alternative methods as mediation, conciliation, negotiation, preliminary estimate of a neutral party, settlement agreement, which were successfully applied in the economic and legal environment of foreign countries.


Keywords: civil law; abuse of the law; compensation of moral harm; the principle of full compensation of damages; legal entities; judicial protection of civil rights

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Publisher: Southern Federal University
Founder: Southern Federal University
ISSN: 2073-6606