On the method of civil law

The article describes the current state of the doctrine of the civil law method that corresponds to the level of research of the problem of the general law method achieved in the second half of the twentieth century: first, the content of the method includes not only techniques, but also means and ways of legal regulation; second, the method is studied in the light of the process and individual elements of the mechanism of legal regulation, from the perspective of law and legal relations; thirdly, the specifics of the branch of the method is seen in a number of properties in which it occurs. However, means of legal regulation are considered to be elements of its mechanism, and it is appropriate to use the concept of the process of legal regulation to refer to a strictly defined group of legal phenomena - obligations, permissions, prohibitions. With this approach, the category appears as a set of techniques of legal regulation only, and its means and methods as tools to apply techniques that form the method. To reveal the essence of the studied phenomenon, its connection with legal principles is established. In particular, it is noted that the method depends on the principles, because methods of regulation are selected on the basis of the fundamental principles of law so that they maximally implement the ideas of the legislator. As the principles are grounded by the legislator's awareness of the nature of regulated relations, they set goals the achievement of which requires a system of adequate techniques. Thus, reflecting the essence of relations regulated by law, the principles serve as a liaison between the subject and the method which provides the dialectical unity of these phenomena. Starting from the above premises, the author concludes that there are methods of private law and public law regulation. The method of civil law, like private law methods of other industries, consists of the following interrelated methods: 1) coordination of the general legal framework of subjects that guarantees the autonomy of their wills, autonomy and independence from each other when entering into a legal relationship (coordination technique); 2) right empowerment that provides for the initiative of coordinated subjects in the implementation of their legal possibilities (right empowerment technique); 3) general permission of legal relations neither provided for nor prohibited by positive law (general permission technique); 4) specific permission that forms features of dynamics, elements, and legal forms of ensuring civil legal relations (specific permission technique). These components show the difference of private law methods, mainly on the level of specific permission techniques.

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