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Theoretical basis of the social direction of civil legal regulation

https://doi.org/10.31085/2541-8823-2020-5-2-126-145

Abstract

The constitutional reform carried out in our country, the new look of several dozen articles of the fundamental law indicate that the main vector of Russia’s development over the coming decades is the implementation of the idea of a social state. The social orientation of constitutional norms obliges the branch sciences to also reflect on the problem of target regulation in the selected vector of social orientation. Thus, the social orientation of civil law regulation becomes an urgent task of civil science.
The article analyzes the origins of the ideas of the social orientation of legal norms contained in the works of the great humanists (T. More, T. Campanella). Even back then, it was clear that the satisfaction of human needs directly depends on a specially created and effective mechanism of legal regulation.
The author dwells on the analysis of the norms of the constitutions of several dozen countries of the world in order to create a collective image of a modern social state. Taking into account the experience of social policy of the leading countries of the world, the author was able to draw the necessary conclusions, which are important to consider when targeting the modernization of civil law norms.
In conclusion, the author notes that the goal of the sectoral civil legislation is to create a socially oriented economy, which implies equal opportunities for participants in civil life and allows for the welfare of individuals. The importance of giving a social function to the right of ownership is proved, the content of which must be ensured by the totality of property law norms.

About the Author

L. V. Schennikova
Kuban State University
Russian Federation

Larisa Schennikova (Krasnodar, Russia) – Doctor of Legal Sciences, Professor, Head of the Department of Civil Law

149 Stavropolskaya St., Krasnodar, 350040



References

1. Avakyan S. Constitutional law of Russia: in 2 vols. T. 1. M.: NORM; INFRA-M, 2014.

2. Baglai M. Constitutional Law of the Russian Federation. M.: Norma, 2007.

3. Karamzin N. Encyclopedia of Wisdom, M. 2007.

4. More T., Campanella T. Utopia, The City of the Sun. M. 2014.

5. Zorkin V., Andrichenko L., Bogolyubov S., Bondar N. and others. Commentary on the Constitution of the Russian Federation (itemized). 2nd ed., Revised. M.: Norma, Infra-M, 2011.


Review

For citations:


Schennikova L.V. Theoretical basis of the social direction of civil legal regulation. Kazan University Law Review. 2020;5(2):126-145. https://doi.org/10.31085/2541-8823-2020-5-2-126-145

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ISSN 2541-8823 (Print)
ISSN 2686-7885 (Online)