The main features of the civil law method of regulating public relations.

Public relations regulated by the norms of civil law.

Civil law is a branch of law that combines legal norms governing property, as well as related and unrelated personal non-property relations, which are based on the independence of property independence and legal equality of the parties in order to create the most favorable conditions for meeting private needs, as well as the norms for the development of economic relations.

Public relations regulated by civil law include, first of all, commodity-money (purchase and sale, supply, transportation, rent) and other property relations in connection with the transfer of rights to property (donation, gratuitous use), relations in the field of intellectual property, personal non-property relations (relations arising from such intangible benefits as name, honor, dignity, business reputation).

The action of civil law extends to such social relations in which citizens do not take part at all. Civil law rules regulate relations between organizations (legal entities) that arise in the process of selling manufactured products, transporting them by rail, sea, river or air transport, insuring this cargo, making payments for delivered products, and so on. Civil law regulates relations with the participation of the Russian Federation, constituent entities of the Russian Federation and municipalities in the event that a citizen bequeaths his property to the state.

Civil law does not regulate other non-property relations (regulated by family and labor law), as well as relations based on the imperious subordination of one party to the other (regulated by administrative, criminal and financial, including tax and budgetary law.).

The main features of the civil law method of regulating public relations.

The method of legal regulation is understood as a set of techniques, means and ways of influencing law on social relations. It includes the following structural components: establishing the boundaries of regulated relations; publication of relevant normative acts providing for the rights and obligations of subjects; empowering participants in public relations with legal capacity and legal capacity, allowing them to enter into legal relations; definition of measures of responsibility in case of violation of these regulations.

In the field of customs, diverse relations are implemented (regulated by the norms of different branches of law), therefore, in their settlement, it is necessary to use the methods and principles of civil, administrative and some other branches of law. This approach is the most rational, since in the “traditional” branches of law the method and principles of regulation have long been established and have stood the test of practice.

The most important components of the civil law method of regulating public relations include the legal equality of the participants in relations, initiative, rightfulness, the property nature of civil liability, the predominant use of a dispositive method of legal regulation. It is obvious that much of this is used in the regulation of relations between persons engaged in entrepreneurial activities, including in the field of customs. Without a doubt, the fundamental principles of civil law must also be observed in the implementation of state regulation of entrepreneurial activity.

The method of legal regulation is one of the defining categories of civil law, however, relatively little attention has been paid to it in domestic civil law.

One of the features of the sectoral method of legal regulation is the feature of resolving legal conflicts. Civil law is characterized mainly by the judicial procedure. In public law, the “administrative procedure” for resolving legal conflicts is widely used. Judicial and arbitration practice shows that in the field of public law, the most effective is the judicial procedure for resolving conflicts related to the violation of the rights of private entities. On the other hand, out-of-court protection of taxpayers’ rights indicates a reverse trend. In general, it can be concluded that the protection of private rights with the help of the court (rather than administratively) is characteristic of the entire system of domestic law.

The need to use the civil law method in the field of customs is beyond doubt. Firstly, subjects of civil law interact in it, expressing their legal personality by means of civil law, and secondly, a number of legal relations arise on civil law grounds (on the basis of an agreement).

Doesn’t the specificity of the civil law method of legal regulation in the field of customs lead to a qualitative modification of the civil law method, to the emergence of an independent separate method of legal regulation, characteristic of customs law?

The legal equality of the parties to the legal relationship is an integral property of the dispositive method. Equality is a multifaceted concept, it can be considered from different points of view. At first approximation, it can be understood as the absence of signs of power and subordination in the relationship of subjects.

In the legal literature it is noted that equality can act as: a principle of civil law; method of civil law regulation; characteristic of private law in general.

The general legal category, which contains the principles of equality, is the legal capacity of subjects. There is an opinion that the equality of subjects of civil law in general should be considered as the equality of the legal properties of legal capacity. Civil legal capacity is characterized by properties that are absent in public law branches. First of all, it is universality, that is, in civil law relations, all subjects are endowed with legal capacity, in contrast to public industries, where different subjects have different competences. The second property is the uniformity of the content of legal capacity, that is, its carriers have the same order of opportunity to be holders of civil rights. This leads to the possibility of different subjects to act in the same legal roles in specific legal relations and to occupy a legal position that is generally identical to other subjects of the industry. Another feature of civil legal capacity is that it is carried out by the subject independently and, in addition, excludes the possibility of prescribing his will to other persons.

Civil law equality is the equality of right-holding subjects endowed with legal initiative and discretion.

The main essential feature of the civil law method is the right attribution.

A feature of civil law is the focus on the first of them. Civil law endows the participants in legal relations with subjective rights and provides these rights with the available legal means. If this process is considered from the point of view of objective law, then the focus will be mainly on empowering norms.

The permissive essence of the civil method is also expressed in the empowerment of subjects with civil legal capacity.

The features of the civil law method should also include optionality, which is understood as the opportunity given to the subject to exercise his legal personality as a whole at his own discretion. Giving dispositivity is, in fact, the main method of private law regulation.

Disposability is also the main feature of the legal status of subjects of civil law, who have a choice of behavior options, the breadth of which is ensured by endowing them with civil legal capacity.

Outwardly, in civil law, dispositiveness is manifested in the presence and predominant orientation towards dispositive norms.

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