Formation and Development of Social Law

V.A. Vitushko
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Abstract

Law ideology of the post-soviet states that have been participating in market conditions of social and economic development and that have declared themselves by the constitution as social may seem equal. However, their law systems are not the same. Development of interstate interaction in the frames of the Union State of Belarus and Russia as well as the EAEU requires deep harmonization of the law systems of those countries. Socialization may serve as institutional platform of the law systems harmonization. The idea of socialization was born in Europe in the end of the XIX century. Its purpose was to curb bourgeois individualism and egoism. Nowadays it has been transformed in the direction of balanced combination of interests of all the layers of the society, its partners and collaboration. When applied to the conditions of the modern state of law systems of the post-soviet states, if we take the civil law as an example, main principles of its socializations are described. There are the following principles that are related to the basis of the subject of the civil law: the unity of property and personal non-property relations; interdisciplinary approach to the regulation of civil relations; intersectional legal regulation of civil relations. The main basics of the methods are the unity of the general scientific and civil legal methodology; solidarity, parity, coordination of rights, obligations and legal interests of the person, second parties and society; individualization and specification of civil relations. Other elements of the system of the civil law should be based on the following principles: interconnection of the institutions and other elements of the system of the civil right; the indissoluble connection of an indefinite number of civil legal relations; unity of civil rights and obligations, permissions, prohibitions and regulations.
社会法的形成与发展
后苏联国家的法律意识形态一直在参与社会和经济发展的市场条件,并通过宪法宣布自己是社会国家,这些国家的法律意识形态似乎是平等的。然而,他们的法律体系并不相同。在白俄罗斯和俄罗斯联盟国家以及欧亚经济联盟框架内发展国家间互动需要这些国家的法律制度的深度协调。社会化可以作为法律制度协调的制度平台。社会化的概念诞生于十九世纪末的欧洲。其目的是遏制资产阶级的个人主义和利己主义。如今,它已经转变为平衡社会各阶层,其合作伙伴和协作的利益组合的方向。将其应用于后苏联国家现代法制条件下,以大陆法系为例,阐述了其社会化的主要原则。与民法主体基础有关的原则有:财产关系与人身非财产关系的统一;民事关系规制的跨学科方法;民事关系的交叉法律规制。这些方法的主要基础是一般科学方法论与民事法学方法论的统一;个人、第二方和社会的权利、义务和合法利益的团结、平等、协调;民事关系的个体化与规格化。民事法律制度的其他要素应当遵循以下原则:民事权利制度的制度与其他要素相互衔接;无数民事法律关系之间不可分割的联系;公民权利与义务、许可、禁止与规定的统一。
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