механизме правового регулирования гражданского оборота

Abstract

This article is a development of the author's concept of civil circulation, according to which the latter should be perceived not as a legal form of economic circulation (as it is established in the Russian civilistic doctrine), but as a systematically organized sphere of actual (real) relations of subjects, representing an economic subsystem of society, which should be subject to legal regulation due to its social importance. Choosing the mechanism of legal regulation of civil circulation as the subject of this study, the author highlights approaches to the understanding of the mechanism of legal regulation (available in the general theory of law) and to the issue of its elements, the types of legal regulation allocated in science. On this basis, the author formulates a general definition of the mechanism of civil circulation legal regulation, and gives characteristics of legal regulation means and types of this social sphere. The mechanism of civil circulation legal regulation is defined as a system of legal means, by which legal regulation (ordering) of social connections (relations) that form civil circulation as a sphere of society is carried out. It is noted that the elements of the mechanism of civil circulation legal regulation are such legal means as: 1) norms of positive law; 2) (specific) legal relations of subjects of civil circulation; 3) acts of implementation of legal opportunities and obligations by participants in civil circulation; 4) (optionally) acts of law application. It is summarized that the peculiarity of these means of the civil circulation legal regulation mechanism is the presence of «intersectoral component», caused by the specificity of civil circulation as an object of legal regulation. The author pays attention to the necessity of developing a general (intersectoral) doctrine of the civil circulation legal regulation mechanism. It is argued that the legal regulation of civil circulation is carried out not through a combination of two types of legal regulation – public law and private law types, but through the only one – general permissive type.