Golubtsov, V. G., Bondarenko, N. L. The fundamental nature of the principles of civil law in Russia and Belarus and acceptable limits on their restrictions

Abstract: For the first time in the history of Russian civil law, civil law principles have been enshrined verbatim in legislation, giving them ‘ first principle’ status. On the one hand, legislative recognition of the principles of civil law has become the starting point for the development of national civil law legislation of Russia and Belarus. Conversely, it has brought to the fore the problems of such development in accordance with the declared first principles, an important component of which is the question of the acceptability of restrictions on principles as fundamental provisions of the legislation. Based on an analysis of the legislation of Russia and Belarus, as well as statements of legal doctrine, the authors attempt to define acceptable limits on the restrictions of the first principles of civil law, as well as make a number of suggestions to improve the legislation to meet the first-principle requirements. They argue that the decision to introduce restrictions of the principles of civil law must be preceded by an assessment of their justification in terms of the balance between private and public interests. It behoves legislators to strictly follow the rule that any restriction of a legal principle should be created only according to law and in accordance with the Constitution.

Keywords: