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Amendments to the Civil Code of the Russian Federation: Contradictions of Theory and Practice

  • Agnessa O. InshakovaEmail author
  • Alexandr I. Goncharov
  • Oleg A. Mineev
  • Maxim V. Sevostyanov
Chapter
Part of the Contributions to Economics book series (CE)

Abstract

Based on the Decree of the President of the Russian Federation dated July 7, 2008 “On improvement of the Civil Code of the Russian Federation”, the Concept of development of civil laws, and the following reform, the article studies contradictions of regulating provisions of the first part of the Civil Code of the RF. The authors come to the conclusion that the amendments implemented by the legislator into the text of the Civil Code of the RF haven’t made the Code better and note a significant volume of remaining contradictions and problems. Certain key provisions of the first part of the CC of the RF are viewed.

The contradictions of provisions of Article 1 of the CC of the RF are found, which are devoted to foundations of civil law and distribute the effect of the CC of the RF on all civil laws and public relations regulation by it. The authors show their position regarding low-quality formulations that are found in the basic articles of the CC of the RF. Unreasonableness of amendments that change the provisions on customs are criticized. The most problematic and contradictory is Chapter  4 of the CC of the RF “Legal entities”. The necessity for improvement of construction of legal entity and its property complex in combination with socially-correct establishment of place and rights of the workers in the structure of legal entity is proved. Negative influence of regulated civil and legal norms on stable dynamics and development of economic turnover is substantiated. The opinion that contradictions and problems of civil and legal regulation substantiate the braking influence on the Russian economy on the whole is proved.

Keywords

Civil law Reform of civil law Civil and legal relations Subject of civil law Custom Freedom Objects Property Organization Fiction People Labor Human capital 

References

  1. Buckley RM, Tsenkova S (2006) Urban housing markets in transition: new instruments to assist the poor. Contrib Econ:173–194Google Scholar
  2. Galli E, Rossi SPS (2016) Bank credit access and gender discrimination: some stylized facts. Contrib Econ 214:111–123CrossRefGoogle Scholar
  3. Ozhegov SI (2007) Dictionary of the Russian language. Onyx, MoscowGoogle Scholar
  4. The Civil Code of the Russian Federation (Part One) of 30.11.1994 number 51-FZ (ed. From 03.07.2016) (rev. And ext., Joined. In effect from 02.10.2016) (1994). Assembly of the Russian Federation 32: Art. 3302Google Scholar
  5. The Labour Code of the Russian Federation of 30.12.2001 number 197-FZ (ed. From 03.07.2016) (rev. And ext., Joined. In effect from 03.10.2016) (2002). Assembly of the Russian Federation 1: Article 3Google Scholar

Copyright information

© Springer International Publishing AG 2017

Authors and Affiliations

  • Agnessa O. Inshakova
    • 1
    Email author
  • Alexandr I. Goncharov
    • 1
    • 2
  • Oleg A. Mineev
    • 3
  • Maxim V. Sevostyanov
    • 4
  1. 1.Department of Civil and International Private LawVolgograd State UniversityVolgogradRussia
  2. 2.Department of Constitutional and Municipal LawVolgograd State UniversityVolgogradRussia
  3. 3.Department of Civil LawVolzhskiy Humanitarin Institute (Branch), Volgograd State UniversityVolzhskiyRussia
  4. 4.Volzhskiy Humanitarin Institute (Branch), Volgograd State UniversityVolzhskiyRussia

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