Issue: № 7, 2024
Doi: https://doi.org/10.37634/efp.2024.7.26
The paper discusses general scientific approaches to determining the principles of civil law. The civil law of Ukraine is characterized by a number of factors, among which an important place is occupied by the principles unique to it. Ensuring stability, legality and justice in civil legal relations, the principles of civil law play an important role in the legal system of any legal state. They determine the essence of the relations themselves and their social orientation, without which uniform law enforcement is impossible. At the same time, those studying general scientific approaches to the definition of the principles of civil law should note that legal science has not developed a single name for this legal category (Ukrainian researchers use different terms: "principles of law", "legal principles", "fundamental ideas", " principles", "guidelines", etc.), nor a unified approach in the aspect of its interpretation of the concept. The principles of civil law in their general scientific context should be understood primarily as its guiding ideas, initial provisions. At the same time, in a narrow sense, the principles of civil law are the legally defined principles of civil legal relations (clearly prescribed in Article 3 of the Civil Code of Ukraine: inadmissibility of arbitrary interference in the sphere of a person's personal life; inadmissibility of deprivation of property rights, except in cases established by the Constitution of Ukraine and the law; freedom of contract; freedom of business activity, which is not prohibited by law; justice, good faith and reasonableness"), in general, the principles of civil relations, which are not only contained in legislation, but also developed by judicial practice and doctrine. We are supporters of the second approach. Since, in general, the principles are the main ideas that form a certain branch of law, reflect the needs and values of society, transform, interact with other legal phenomena, revealing a new law enforcement potential. These are the original guiding rules that in a concentrated form determine the essence of law, its content and purpose in society, express the direction of legal regulation and apply to all subjects of law.
Keywords : principles of law, principles of civil law, ideas of civil law, conceptual foundations of civil law, civil legal relations, civil law, general scientific approach
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