Modern stage of Russian civil law: Success and mistakes

In the article, the author analyses the status of the private law doctrine. The emphasis is made on the discussion on a methodological crisis in the theory of law, on the notion "branch of law". Elaborations of experts in the sphere of periodization are evaluated positively, the possibility to research the collected information in the learning process is noted. The practice of undervaluation and disregard of results of scientific research in legislative work is criticized. The author pays attention to the unsatisfying condition of housing legislation. The Construction of Estate is rejected as theoretically unworkable. The author comes to a conclusion on the qualitative inopportunity and impropriety of the Conception on Family Legislation Improvement. The general scientific methods of analysis, synthesis, system structural and dialectical methods, as well as specific scientific methods of cognition (comparative legal, historical legal, system, formal dialectical) are used in the study. The problems solved in the article are as follows. (1) The character of generalization of the legal reality allowed to impersonally evaluate the contribution of Russian lawyers to the filling of an essential gap in the doctrine. (2) The main success is the Civil Code of the Russian Federation itself; favorable conditions for its introduction and further improvement, especially for young scholars, have been created. (3) The problem of the place and fate of the notion "branch of law" is examined as a negative phenomenon. Nowadays the notion is too vague and continues to depreciate. The author criticizes the construction "economic law as a mega branch, as a pseudoscientific phenomenon". (4) The disregard or undervaluation of the results of scientific research is noted. The author proposes some criteria for selecting material for the legislator. (5) The question on the necessity of the discussion on the fate of housing legislation is posed; attention is paid to the absence of a conceptual approach and forecasting. (6) The existing situation on the Family Code is severely criticized. (7) The latest vast innovations in inheritance law are skeptically evaluated. The Construction of Estate is rejected as a foreign part in the traditional logical material. The author concludes that suggestions to improve family and housing law as elements of private law are highly applicable for the high level of their relevance.

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