Overcoming and resolving defects in the institution of civil protection
Автор: Portyanova P.D.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы гражданского права
Статья в выпуске: 1 т.21, 2021 года.
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The article provides a definition of a defect in the institution of civil protection. It is justified to include in the institution of civil protection not only the rules governing the use of civil remedies, but also measures of civil liability. General, special and institutional measures to prevent and resolve (overcome and eliminate) the defects in the institution of civil protection are listed. The general measures include a large list of methods available for implementation in all branches of the domestic law. The special methods include the application of the analogy of law and law, the transformation into legislation of the established practice of applying the analogy of the law and legislation, the legislative definition of the hierarchy of goals, objectives and principles of legal regulation of civil law. Within the framework of the last (institutional) group of methods, it is proposed to legislatively consolidate the principles of the institution of civil protection. The principles of the institution of civil protection are divided into general legal and sectoral. Those of the named principles that are not enshrined in the Civil Code of the Russian Federation are proposed to be introduced into Article 1, Chapter 2 and Chapter 25 of the Civil Code of the Russian Federation as general legal principles, principles of civil protection (in a narrow sense), principles of civil liability, respectively. General legal principles should include the principle of legality, the principle of justice, the principle of expediency; and the principles of civil legal protection (in a narrow sense): the principle of full compensation for losses; the principles of civil liability: the principle of inevitability of responsibility, the principle of personification (individualization) of responsibility, the principle inadmissibility of double responsibility.
Defect of the institution of civil protection, civil liability, prevention and resolution of defects of the institution of civil protection, principles of the institution of civil protection
Короткий адрес: https://sciup.org/147233332
IDR: 147233332 | DOI: 10.14529/law210109