Basic principles of civil law as a specific form of law

The article defines the place of the basic principles of civil law in the other forms of law, revealed features of the application. A critical analysis of changes in civil law. Recognition of the state, the most important, objectively existing phenomena, conditions, needs (public law ) gives them the character of a particular form of law – the principles of civil law, as opposed to the standard case law, regulations and statutory instruments have a higher level of abstraction. The principles are not prescribed in the form of legal obligations to participants of civil relations, and addressed to the state. In this regard, the simultaneous binding of the Civil Code in good faith as a fundamental principle of civil law and the presumption does not seem logical. The features of the application of the principles in the law-making and enforcement. In contrast to the executive authorities, the legislature must take into account the principles of civil law in the process of law-making. It is proved that only the President of the Russian Federation should be taken into account in its law-making fundamental principles of civil law, as has the initiative in making unsolicited law regulations. The need to apply the basic principles of civil law judicial law specifies only in cases resolve situations in public circulation, trapped unregulated current legislation (paragraph 2 of Art. 6 CC). The author believes that a given rate of honesty, reasonableness and fairness are understood differently – how to characterize the behavior of participants in civil legal relations.