The Concept of Principles of Law in a Modern Russian Civil Law Doctrine

Abstract

The paper provides thorough analysis of the understanding of law principles in the modern Russian doctrine. The author states that there are three main approaches to the concept: 1) A relatively renewed doctrine of norm-principles revealing the most general patterns at certain points of time and their alteration in accordance with the demands of a certain historical phase; 2) A practical approach expressed in recognition of numerous clauses of basic principles of civil legislation listed in Art. 1 of the Russian Civil Code and further practical analysis of certain aspects of their implementation in courts' practice and jurisprudence; 3) recognition of the principles of law as a particular phenomenon having objective and self-sufficient character, specific genesis and special meaning of law understanding and law implementation. The author criticizes first two approaches for excessive positivism, inability to distinguish principles of law from law norms, and, in its basis, omitting the leading role of principles in legal system, or, on the other side, - substitution of law principles by ideologemes. At the same time, the author admits the significance of the third approach and believes that the future of the civil law doctrine and jurisprudence will depend on it.