私法对世界和俄罗斯法律秩序发展的影响:现代形式和趋势

B. Gongalo, N. Novikova
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摘要

导言:现代法律科学和实践的目的是需要在个别国家和整个国际社会的一级确保和发展法律和秩序。同时,私法关系在法律关系结构中占有重要地位,这是显而易见的。因此,研究私法对法律和秩序发展的影响的主要趋势,确定这种影响的主要形式,确定私法发展的方向,并就在国家和国际范围内改进私法管理的可能性提出建议,似乎很有趣。方法:选择制度法作为确定方法,从俄罗斯和国际立法规范的角度研究基本私法制度的发展趋势。之所以选择制度方法作为侦查的确定方法,是因为这种方法可以揭示法治这一发展对象的整体性,揭示个别制度和私法规则之间以及法律体系本身的相互关系。分析:本研究探讨了私法在当前经济和政治环境下发展的主要趋势,以及民法一般部分的各个方面,包括探讨知识产权、公私伙伴关系、公司关系的范围。会上谈到了通过私法手段刺激创新发展的问题,以及关于利用私法机制保护俄罗斯联邦国家利益的建议。结果:在研究过程中,作者得出结论:在公共关系的法律规制中,有必要形成一个清晰而深思熟虑的私法概念,将公共利益与私人利益相结合。创造这样一个面向实际应用的理念,应该成为现代民间科学的主要任务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE INFLUENCE OF PRIVATE LAW ON THE DEVELOPMENT OF THE WORLD AND RUSSIAN LAW AND ORDER: MODERN FORMS AND TRENDS
Introduction: modern legal science and practice is aimed at the need to ensure and develop law and order both at the level of individual countries and at the level of the entire world community as a whole. At the same time, it is obvious that private-law relations occupy a significant place in the structure of legal relations. That is why it seems interesting to examine the main trends in the influence of private law on the development of law and order as such, to identify the main forms of such influence, to determine the directions for the development of private law and to make recommendations on the possibilities for improving private-law regulation on a national and international scale. Methods: the system method was chosen as the determining method for studying the trends in the development of basic private law institutions from the standpoint of the norms of Russian and international legislation. The choice of the system approach as the determining method of investigation is due to the fact that it is this method that makes it possible to reveal the integrity of the developing object, which is the rule of law, to reveal the interrelationships of individual institutions and private law rules with each other and the legal system as such. Analysis: the study examined the main trends in the development of private law in the current economic and political environment, in addition to aspects of the general part of civil law, including explored the scope of intellectual property, private-public partnerships, corporate relations. The problems of stimulating innovative development by means of private law were touched upon, as well as recommendations on the use of private law mechanisms to protect the national interests of the Russian Federation. Results: in the course of the study, the authors come to the conclusion that it is necessary to formulate a clear and well thought out concept of private law, which should combine public and private interests in the legal regulation of public relations. The creation of such a concept, oriented to practical application, should become the main task of modern civil science.
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