CORRELATION BETWEEN THE MANDATORY AND NON-MANDATORY PRINCIPLES IN THE LEGAL REGULATION OF THE RELATIONS WITH PARTICIPATION OF ENTREPRENEURS Cover Image

СООТНОШЕНИЕ ИМПЕРАТИВНОГО И ДИСПОЗИТИВНОГО НАЧАЛ В ПРАВОВОМ РЕГУЛИРОВАНИИ ОТНОШЕНИЙ С УЧАСТИЕМ ПРЕДПРИНИМАТЕЛЕЙ
CORRELATION BETWEEN THE MANDATORY AND NON-MANDATORY PRINCIPLES IN THE LEGAL REGULATION OF THE RELATIONS WITH PARTICIPATION OF ENTREPRENEURS

Author(s): Aynur Gabdulbarovna Demieva
Subject(s): Economy, Law, Constitution, Jurisprudence, National Economy, Micro-Economics, Governance, Economic policy, Law on Economics
Published by: Казанский (Приволжский) федеральный университет
Keywords: mandatory norms; non-mandatory norms; unity; differentiation; entrepreneurial relations;

Summary/Abstract: The paper is devoted to the interplay of mandatory and non-mandatory norms, which determines the legal regulation of entrepreneurial relations. The relevance of the research lies in the fact that not only comprehensive changes in the norms governing entrepreneurial activities are currently required, but also a balance should be achieved between the public and private interests in the field of entrepreneurship. An attempt is made to determine the proportion of mandatory and non-mandatory principles in the Civil Code of the Russian Federation. The method of unification and differentiation is used as the main scientific method of research, as well as systematic, logical, historical, and other methods. The paper provides a number of examples showing that mandatory and non-mandatory norms in the legal regulation of entrepreneurial relations are in the logical connection of “unity and differentiation”. Based on the examples given in this paper (principle of freedom of contract, supply contract, etc.), the possibility to ensure the uniformity of legal regulation of entrepreneurial relations with the help of only mandatory norms is proved. The obtained results demonstrate the need to achieve an optimal proportion between mandatory and non-mandatory norms in the Civil Code of the Russian Federation, which should be in unity but differentiable by the peculiarities of their application. These results are important for development of the effective mechanism for legal regulation of the relations with participation of entrepreneurs.

  • Issue Year: 158/2016
  • Issue No: 2
  • Page Range: 391-398
  • Page Count: 8
  • Language: Russian