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

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.