THE DISTINCTIVE FEATURES OF THE RUSSIAN CIVIL LEGISLATION AND THE FORMATION OF PRIVATE LAW IN THE CIS AND BALTIC STATES

Abstract

Introduction. The article explores the issue of formation of the modern system of private law in the FSU states and the influence of the civil law of Russia and the civil law of the USSR on these processes. After the disintegration of the Soviet Union each of the former republics chose their way of developing civil law and private law as a branch of national law. However, the principles of law, peculiarities of regulation of property and non-property relations that had developed over centuries of co-existence could not but affect these processes. Despite the independence of the private law branches of the former Soviet republics, they have similar features, and in some cases even minimal differences. The author considers the issues of interaction of private law in the postSoviet states using the evidence of several of the Central Asian republics, Russia, Ukraine, Belarus and Lithuania.

Materials and methods. Methodological basis of research consists of the following general scientific and special methods of cognition of legal phenomena and processes in the field of civil rights law: a comparative legal method, formal logical method.

The results of the study. The result of the analysis revealed that many of the principles and rules of private law of the FSU states are similar and have common sources, despite the use by legislators of experiences of the countries with the institutional systems of private law in the preparation of codified civil legal acts.

Discussion and conclusions. Desire of the legislator working on drafts of codified civil acts (Civil and Economic Codes) to give priority to stability and continuity in economic and personal property and non-property relations with the purpose of preventing the economy and the system of civil legal relations from socio-economic shocks is revealed and justified.