Some Problems of Conscientious Implementation of Rights and Fulfilment of Duties: Material and Procedural Aspects

The article reveals and proposes ways to solve some problems of conscientious implementation of rights and fulfilment of duties in civil law and procedure. The study is based on the analysis of Russian and foreign legal acts, scientific literature, and materials of judicial practice. Methodologically, the research is based on general principles, methods and techniques of scientific knowledge, and on specific legal ones. The initial method was dialectical analysis as a universal method of research. In addition, the following research methods were used: formal legal, legal technical, interpretation of law, a systematic analysis of judicial and law enforcement practice. During the study of some problems of conscientious behaviour of the parties in material and procedural legal relationship, the intersectoral nature of the implementation of the principle of conscientiousness was revealed because the duty of conscientious behaviour is assumed not only in case of implementation, but also in case of protection of civil rights. However, unlike the Civil Code of the Russian Federation, procedural laws do not consolidate conscientiousness as a principle, which cannot be accepted as a correct one. It is not possible to deny the influence of moral principles on the formation of modern legislation as well as the legal awareness of participants in legal relations. A confirmation of this is the implementation of the principles of good faith, reasonableness, justice, both in material and procedural legal relationship. The action of these principles provides equal opportunities for protection, the necessary balance of rights and duties, the combination of legal and moral principles in the regulation of legal relations. The components of conscientious behaviour are revealed: the obligation to carry out actions by the subjects of legal relations based on the requirements of morality and law; account of the rights and legitimate interests of the other party; maintainance of a balance of common and individual interests; the prohibition of taking advantage of unconscientious behaviour. The authors conclude that the change in civil law had an impact on procedural law enforcement, and therefore procedural legislation should reflect positions that reinforce the court's active role in the establishment of the unconscientious behaviour of a party. The introduction of the principle of conscientiousness in the procedural legislation will contribute to the conscientious implementation of procedural rights, the fulfilment of duties for a correct and timely resolution of the case.

Keywords

Authors

References