Genesis of the theory of civil law means in the Russian Federation

R.F. Zakirov

Kazan Branch of the Russian State University of Justice, Kazan, 420088 Russia

E-mail: zrf1588@mail.ru

Received February 4, 2021

ORIGINAL ARTICLE

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DOI: 10.26907/2541-7738.2021.2.59-66

For citation: Zakirov R.F. Genesis of the theory of civil law means in the Russian Federation. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2021, vol. 163, no. 2, pp. 59–66. doi: 10.26907/2541-7738.2021.2.59-66. (In Russian)

Abstract

This article considers the theory of civil law means and its impact on the regulation of social relations between the subjects of law. The latter have been showing a growing interest in the civil law means regulating both private (horizontally) and public legal relations (characterized by the structure of power and subordination). The focus of research was also on the activity of the participants of civil transactions as a major factor determining the high demand for civil law means in the Russian Federation and their further advance under the conditions of continuously transforming legal relations. Based on the standards of law, the effectiveness of civil law means for overcoming the difficulties arising in the legal relations between the subjects was demonstrated. The conclusion was made about the blurred application of civil law means and its dependence on the branch of law, thereby indicating a gradual transition in the regulation of legal relations to the model of inter-branch borrowing.

Keywords: civil law means, civil law, legal purpose, effectiveness, legal relations, agreement, civil liability

References

1. Puginskii B.I. Grazhdansko-pravovye sredstva v khozyaistvennykh otnosheniyakh [Civil Law Means in Economic Relations]. Moscow, Yurid. Lit., 1984. 223 p. (In Russian)
2. Mal’ko A.V. Legal means: Problems of theory and practice. Zhurnal Rossiiskogo Prava, 1998, no. 8, pp. 66–77. (In Russian)
3. Davydova G.N. Legal procedures in civil law. General description. Cand. Hist. Diss. Kazan, 2004. 156 p.
4. Chelishev M.Yu. System of inter-branch relations in civil law. Extended Abstract of Doct. Law Diss. Kazan, 2009. 42 p. (In Russian)

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