近代俄罗斯私法科学发展的主要趋势

IF 0.1 Q4 LAW
Raisa P. Manankova
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The expediency of working out the civilistic block of norms in complex federal laws, in particular, in the Information Code, is substantiated. The article proposes a number of measures aimed at strengthening the protection of citizens' interests. The thesis about the need for more radical transformations of the Family Code is repeated, since the reforms of the last two decades have turned into a process of \"patching holes\"; the fragmentary nature of the measures taken gives negligible results. The author suggests returning to the discussion of the development of the Children's Code of the Russian Federation. The question of the need for a Children's Code in Russia in the literature accessible to the Soviet reader was raised more than a hundred years ago. Professor M.N. Gernet in his now famous monograph called one of the paragraphs \"Children's Codes\". There was no deeper and more thorough research in our private law literature. 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引用次数: 0

摘要

本文继续对公法与私法趋同这一话题进行了深入的探讨。社会背景由新冠肺炎疫情决定。紧急情况、不可抗力、征用和不明人员缺席等私人法律方面的问题是优先事项。平民对这些分类已经熟悉了很长时间。战争、自然灾害总是伴随着社会,在不同时期,国家对人类不幸的法律反应变得极其重要。本文对这些法律概念进行了一致的分析。图中显示了托木斯克国立大学法律研究所专家的具体贡献。科学预测和必要的监管阵列的大致命运已经确定。在复杂的联邦法律中,特别是在《信息法典》中,制定文明规范块的便利性得到了证实。文章提出了一些旨在加强对公民利益保护的措施。由于过去二十年的改革已经变成了一个“修补漏洞”的过程,因此关于需要对《家庭法》进行更彻底改革的论点被反复提及;所采取措施的零碎性质造成的结果微不足道。作者建议回到讨论俄罗斯联邦儿童法典的发展问题上来。在苏联读者可以接触到的文学作品中是否需要一部俄罗斯儿童法典的问题,早在一百多年前就提出了。M.N. Gernet教授在他著名的专著中有一段叫做“儿童守则”。我国的私法文献还没有更深入、更透彻的研究。这是可以理解的,犯罪学方面“吓跑了平民”。M.N. Gernet概述了一些国家的儿童守则(或条例)的内容。在之前的作品中,放弃住房法的想法是合理的。以下是支持用另一种法律形式取代它的论据。替换俄罗斯联邦住房法的问题根本不难解决,有很好的经验。毕竟,俄罗斯联邦社会主义共和国的第一部住房法典直到1983年才出现,并没有持续很长时间。以下法典不能定性,不能与民法典相一致。不可能将所有庞大的住房立法纳入一个小型的多元化监管法案。因此,完善住房立法的途径值得科学研究。作者声明没有利益冲突。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The main trends in the development of the science of private law in modern Russia
The article continues the development of the topic of convergence of public and private law. The social background is determined by the Covid-19 pandemic. The private legal aspects of the emergency situation, force majeure, requisition, and the unknown absence of people were among the priorities. Civilists have been familiar with these categories for a long time. Wars, natural disasters always accompany society and at different times the legal reaction of the state to human misfortunes becomes extremely important. These legal concepts are consistently analyzed in this manuscript. The specific contribution of specialists of the Tomsk State University Law Institute is shown. Scientific forecasts and the approximate fate of the necessary regulatory arrays have been determined. The expediency of working out the civilistic block of norms in complex federal laws, in particular, in the Information Code, is substantiated. The article proposes a number of measures aimed at strengthening the protection of citizens' interests. The thesis about the need for more radical transformations of the Family Code is repeated, since the reforms of the last two decades have turned into a process of "patching holes"; the fragmentary nature of the measures taken gives negligible results. The author suggests returning to the discussion of the development of the Children's Code of the Russian Federation. The question of the need for a Children's Code in Russia in the literature accessible to the Soviet reader was raised more than a hundred years ago. Professor M.N. Gernet in his now famous monograph called one of the paragraphs "Children's Codes". There was no deeper and more thorough research in our private law literature. This is quite understandable, the criminological aspect "scared off the civilists." M.N. Gernet gave an overview of the content of children's codes (or regulations) of a number of countries. In previous works, the idea of abandoning the Housing Code was justified. Here are the arguments in favor of replacing it with another legal form. The issue of replacing the Housing Code of the Russian Federation is not difficult to solve at all, there is good experience. After all, the first Housing Code of the RSFSR appeared only in 1983, and did not live long. The following code could not be made qualitative, consistent with the Civil Code. It is impossible to include all the huge housing legislation in a small diversified regulatory act. Thus, the way to improve housing legislation is open for scientific research. The author declares no conflicts of interests.
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