Improvement of civil legislation

 
PIIS102694520018867-4-1
DOI10.31857/S102694520018867-4
Publication type Article
Status Published
Authors
Affiliation: Russian Academy of Sciences
Address: Russian Federation
Journal nameGosudarstvo i pravo
EditionIssue 2
Pages194-199
Abstract

The current problems of various spheres of civil legislation, both in legislation and in the application of norms, developed after the general codification of the civil legislation of the USSR and the Union Republics of 1961 - 1964, including after the well-known decisions of the governing bodies on economic reform, are considered. It is noted that there is a need to take a fresh look at the relationship between the plan and the contract; the need to eliminate the so-called initial gap in civil legislation; the need to resolve the issue of responsibility for guilt or regardless of guilt; the unresolved issue of the property responsibility of the bodies of inquiry, preliminary investigation, prosecutor's office and court; individual – specific – shortcomings of the Foundations of the civil legislation of the USSR and the civil codes of some Union republics are called. It is proposed to develop the exchange of experience in rule-making and norm-applying activities in the field of civil legislation between the Union republics, which will eliminate unjustified “inconsistency” in the civil codes of the Union republics caused by defects in legal technology. Other proposals are also being made.

Keywordscivil legislation, Plan and contract, property liability, defects of legislative technique
AcknowledgmentThe article was published in the journal “Soviet State and Law” (1969), No. 11, pp. 46–51. Abstract and key words are compiled by Corresponding Member of the Russian Academy of Sciences M.I. Kleandrov
Publication date23.03.2022
Number of characters21216
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