The main principles of civil law are non-refutable conceptual provisions, which are the basis for the regulation of public relations of a legal nature throughout Russia. In this regard, the first provisions of the Civil Code indicate the key principles of this legal industry, which are a means of regulatory control of legal relations in society.
Civil law: concept, subject and method
Civil legislation (basic principles, provisions and norms) is a set of legal acts regulating the non-property and property relations of Russian citizens. Legal documents in this area are inextricably linked with other industries (family, land, labor, forestry and others).
The concept of legislation should be distinguished from the concept of law. Civil law (the basic principles and its norms) is a set of acts of a regulatory nature, and law is a set of rules of law themselves.
The scope of all legal acts of this sphere is considered in two aspects: in a broad sense and in a narrow sense. A narrow aspect includes in the scope of civil legislation of the Russian Federation the basic principles in the form of two groups of acts: directly Russian legislation and federal laws related to legal relations enshrined in the second article of this code. In a broad aspect, the list of regulations includes all sources related to law.
Method and subject matter are the following important basic principles of civil legislation of the Russian Federation. They determine the essence and procedure for regulating legal norms. The subject is relations of a legal nature, streamlined by civil norms, in particular, non-property and property relations.
The method of law is a set of means and methods by which the process of regulation of legal relations, which are the subject of civil law, is carried out.
The realization of the rights and obligations of subjects is fully implemented within the framework of the legislation on the state civil service of the Russian Federation. This activity is aimed at the implementation of functions of a general administrative nature.
The fundamentals of the legislation on state civil service in the first part of the third article of the Federal Law No. 79- define the specified activity as a type of public service, which is an official professional activity of Russian citizens in public service positions.
Civil servants ensure the fulfillment of the powers of the federal bodies of the Russian Federation and the bodies of the relevant entities, as well as of persons who fill positions at the indicated levels.
The activities of the represented entities are aimed at assisting the implementation by the authorized bodies of legal relations of their legal rights and interests. Civil servants must meet the requirements specified in the relevant law of July 27, 2004 No. 79-FZ.
The structure of civil law
The fundamentals of the civil legislation of the Russian Federation are a set of legal normative acts that regulate legal relations in the public sphere. These standards are the responsibility of the Russian Federation.
The following acts are included in the structure of the foundations of civil legislation of the Russian Federation:
- Russian Civil Code.
- Federal laws that are enacted in accordance with the Code.
- Other federal laws that contain relevant legal regulations.
- Decrees of the Russian President.
- Decisions of the Russian Government.
- Departmental acts (acts of executive bodies of the federal government). They are accepted within the limits and cases established by civil law.
The basis of civil law:
- Constitution of the Russian Federation;
- international legal norms, international agreements;
- federal laws;
- acts of normative RSFSR and USSR;
- by-laws (presidential and government decrees, acts of executive federal legal branches);
- customs (business) legal turnover.
The main principles of civil law (acts of the corresponding sphere) apply only to legal relations that arise after they are put into effect (retroactive effect of the law). Unless the act contains other indications, its norms apply throughout the territory of the Russian Federation, apply to all citizens according to general rules. The foundations of civil law (the Civil Code of the Russian Federation and other federal acts) are subject to publication in the official procedure within a week after they are signed by the head of state. The entry into force takes place ten days after the official publication, unless otherwise specified in the law.
The foundations of civil, labor legislation and legal norms of other areas operate almost identically in space, in time and in persons.
The validity period of the relevant legal acts is the period of their validity, taking into account the initial and final time. The fundamentals of civil legislation (transport, labor and other types) in most cases are not endowed with retroactive force and apply only to legal relations that arose after their entry into force. The retroactive effect of the law is allowed only with a direct indication of this in the act itself.
The concept of validity also includes the concepts of “date of adoption”, “date of publication”, “date of entry into force”. The date of official adoption of any legislative legal act shall be considered the date of its signing by the relevant body or person. Acts of the federal level are published in the Rossiyskaya Gazeta and the Legislative Assembly within seven days from the date of signing. Entry into force takes place automatically after ten days from the date of publication in the relevant legal publications.
With regard to legal acts of a by-law type (for example, decrees and decrees of the President and the Government, ministerial and departmental normative acts, etc.) are published officially within ten days from the date of signing, and come into legal force within a week from the date of publication. An order of entry into force that differs from the specified one takes place only if it is directly indicated in the act itself.
The action of the general foundations of civil legislation in space according to the general rules is determined by the whole of Russian territory. In some cases, the legal authority that issued the relevant legal normative act may indicate the boundaries of the territory of the act. In some cases, the application of Russian legislation takes place on the territory of a foreign state (if there is a corresponding condition in an international agreement between the respective countries).
Civil Law Principles
The main principles (principles) of civil law characterize the system of legal relations between entities that determine the basis of their development and structure. The purpose of these provisions is to ensure the correct application of the norms of civil law and to promote a clearer understanding of the goals and contents of regulatory regulation in the field of subject legal relations. These provisions are enshrined in the first article of the Civil Code of the Russian Federation.
The significance of the basic principles of civil law is determined in two aspects: as a system-forming and organizing concept. In both groups represented, the legal principles of this sphere permeate every legal institution and are present in all legal relations of a civil type. Also, the importance of the basic principles of civil law is to ensure the correct application by each subject of law of the indicated norms. There are certain legal aspects.
There are only seven principles (main principles) of civil law:
- permissible direction of regulation in the legal sphere;
- equality of the legal regime for all subjects of legal relations in the civil sphere;
- inviolability of private (personal) property;
- freedom to conclude and execute a contract;
- the inaccessibility of arbitrary third-party interference in the affairs of civil law entities;
- unhindered implementation and protection of citizens' rights;
- free movement of services and goods.
The main principles (principles) of the civil legislation of the Russian Federation proclaim the protection of the rights and interests of each individual subject of the relevant legal sphere.
Legal orientation of regulation in civil law
The indicated principle (main principle) of civil law contains an indication that the scope of legal regulation allows for the commission of any actions between subjects of legal relations, except for those that are expressly prohibited by law.
On the basis of this principle of regulation of a legal nature, laconic and strictly formulated prohibitive norms are established in legal relations between civil entities. The volume of prohibitions is small, and the volume of permits is not clearly defined.
An example of this principle is the provisions of articles 18 and 49 of the Civil Code, according to which citizens and legal entities are given the right to engage in any form and type of business and other activities not prohibited by legislative norms.
The principle of permissible orientation is also expressed in the fact that civil law norms are of a dispositive nature. This means that legislation of the corresponding type establishes the exercise of their rights by entities of the relevant sphere on the basis of the first paragraph of the ninth article of the Russian Civil Code.
Despite the fact that the principle of permissiveness expresses freedom of expression, at the same time, civil subjective rights are not unlimited and are implemented within strict legal boundaries.
The first paragraph of the tenth article of the Russian Civil Code establishes that subject rights are prohibited from being used to limit different types of competition. In addition, the rights of subjects of civil legal relations may be limited on the basis of the law only to the extent that it is necessary to preserve the integrity of the constitutional system, health, morality, legal rights and interests of others, to ensure the country's defense and security (according to the second paragraph of the first article Civil Code and the third part of Article 55 of the Russian Constitution).
The principle of equality of legal regime
In principle, the equality of the regime of legal relations between all subjects expresses the coordination relationship between all parties to a particular legal relationship. In this regard, the rights of subjects of civil interaction can be diverse in content. Moreover, the conditions for the exercise of these rights must be equal.
An example of such legal relations is the fourth paragraph of article 212 of the Civil Code, according to which the rights of all owners of property, regardless of its form (state, private, municipal and other types thereof), are protected in the same way.
The principle of inviolability for all types of property
According to the first paragraph of the first article of the Civil Code and the second part of the eighth article of the Russian Constitution, all types of property are inviolable. Protection and inviolability of state, private, municipal and other types of property is also expressed in the sixteenth and two hundred thirty-fifth articles of the Civil Code.
These norms specify the provision of the third part of the thirty-fifth article of the Constitution, according to which no one should be deprived of his property if there is no sanction from the judicial authority. Forced seizure or alienation of another's property for the needs of a state or municipal nature may be carried out exclusively subject to full and preliminary compensation. Civil law allows forcible alienation only on limited types of grounds and only on grounds strictly regulated by law.
The principle of freedom to conclude a contract
The indicated principle is that the right to conclude a contract is vested to all persons, without exception, if they satisfy the requirements of a legal personality of a civil type.
Each subject of civil legal relationship is free to choose a party (counterparty) under a contract. Forcing to conclude civil law contracts is prohibited.
Exceptions are cases where the Civil Code or other federal laws provide for the obligation to conclude a contract.
The principle of inaccessibility of unauthorized interference in private affairs
The principle of inadmissibility of unauthorized interference in the affairs of a private nature of all subjects of civil law relations is expressed in the fact that it is forbidden to intervene in transactions between entities to private individuals, state authorities, and local authorities.
Exceptions to this principle are cases when it comes to unlawful behavior of one of the subjects of legal relations. This rule is enshrined in the twenty-third article of the Russian Constitution. This article defines the right of all entities to privacy, family and private secrets.
The principle of unhindered exercise of civil rights
The unimpeded realization of civil rights, their restoration and protection in the event of a violation is expressed in ensuring the free expression of the will of the participants in the civil business turnover. The consolidation of this principle in the Civil Code reflects the provision of the first part of Article thirty-four of the Russian Constitution. According to this norm, everyone has the right to freely use their abilities and property for entrepreneurial and other activities of an economic type, which is not prohibited by law.
The realization of the rights of subjects of civil legal relations is inextricably linked with this principle and depends on its unquestioning compliance. For example, the ninth article of the Civil Code proclaims the exercise by citizens and legal entities at the personal discretion of their civil rights. In the event that at least one of the subjects of civil legal relations refuses to exercise their rights, these rights do not terminate.
The implementation of the rights of subjects may be subject to certain specific restrictions, if required by the existing rule of law. For example, if a certain activity is aimed at restricting different types of competition or is manifested in abuse of a dominant position in the market.
According to the tenth article of the Civil Code, the actions of legal entities and individuals are unacceptable if they are carried out solely for the purpose of causing harm to other persons. In addition, actions that express abuse of rights in other forms are unacceptable.
The principle of free movement of services, goods and cash
The free movement of services, goods and funds in the Russian territory is realized in the form of the unimpeded movement of civil rights objects within the corresponding state territory. In addition, with regard to the movement of these goods, services and finances, it is forbidden to establish special barrage regimes in individual Russian entities.
This principle, along with other legal civil principles of legal relations between entities in the field of the subject and method of the corresponding sphere of law, in interconnected activities contribute to the implementation of the functions of this industry (regulatory, protective and compensatory-restoration).
The main principles of civil law in the Russian Federation reflect one of the most important aspects of the meaning of law. The basic principles of Russian legislation in the field of legal relations between entities constitute the basis for building a civil society that strictly follows the norms of the law and a highly developed economy.