The epistemological roots and socio-legal prerequisites for the emergence of the principles of justice, integrity and reasonableness in the civil law of the Russian Federation

The civilization approach, which asserts the primacy of the spiritual sphere of man (religion, culture, morality, science, law, education) in the general scale of the pyramid of civilizations, explains the deep properties of the motivation of human behavior in the socio-political sphere of life, which includes legal relations related to the activities of state law enforcement agencies. In Article 1 of the Civil Code of the Russian Federation on justice as a principle of civil law, the legislator has remained silent. It is mentioned in part 2 of Article 6 of the Civil Code of the Russian Federation, which sets out the provisions of the application of civil legislation by analoguey. For comparison, the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) (as amended on August 13, 2019) explicitly establishes the principle of justice in Article 6 and as a category of ethical, moral and socio-legal nature is addressed equally to the legislator, and to the law enforcement and as the highest idea, the beginning is characterized by universality, importance and supreme imperative. If we consider the categories of "justice", "good faith", and "reasonableness" as ideas coming to us from natural law, then they should be interpreted in an abstract way as formal principles-presumptions - this should not be otherwise (part 5 of Article 10 of the Civil Code of the Russian Federation). The principles of presumption, which are laid down in the basis of civil law as a starting point, for the general regulation of absolute relations, in relative relations involving specific legal relations between specific subjects, are already realized through regulatory and protective functions as legal principles. Thus, in the process of law enforcement, the principles of presumption are transformed into legal principles and are not subject to rebuttal or doubt as presumptions. As a result of the consideration of these issues, we have concluded that the beginning of civil law - justice, integrity and reasonableness - is the values of natural law that objectively exist, do not depend on the will of man, time and space boundaries, which are capable of influencing all spheres of human life, society, positive legislation of individual states, and sometimes to break the positive bias. Thus, the law is not limited only to the law as one of its forms, but also includes other social regulators, in particular the norms of morality, tradition, customs and the like, society and are conditioned by the historically developed cultural level of society. That is why, in each case, it is important to find a permanent balance between strict understanding of the rule of law and the principles of justice, reasonableness and good faith, both by the court and by other participants in the proceedings.

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