CIVIL LAW AND CIVIL PROPERTY IN THE LIBERTARIAN THEORY OF LAW BY V.S. NERSESYANTS

Abstract

The article is devoted to the study of the methodology of the doctrine of civilization of the Russian jurist, academician of the Russian Academy of Sciences V.S. Nersesyants - the author of the libertarian legal theory of law. Civilization is a post-socialist system - a transitional period from socialist property to civil and all other types of property. Its main concepts are civil law and civil property. Their origin and semantic meaning are investigated with the help of a comparative historical analysis of the concept of property rights in the most authoritative theories of the XIX-XX centuries. The legal understanding of Russian thinkers is considered in the context of a pan-European one. It is noted that the basic concepts of civilization represent a new stage of scientific and philosophical understanding of property rights. The author of this article comes to the conclusions: 1) libertarian-legal theory is the result of a dialectical synthesis of classical and non-classical types of legal understanding; 2) in the methodology of V.S. Nersesyants, there is a clear distinction between legal and socio-political meanings in the understanding of property rights. Such differentiation of meanings was absent in previous theories of the twentieth century. Individualized civil law has a legal nature. It stems from the principle of formal equality. V.S. Nersesyants theoretically develops this principle and interprets civil law as equality of opportunities for all citizens in gaining actual freedom. The analysis of the concept of “civil property” is made, which allows it to be attributed to socio-political categories: the origins of civil property are in the nationalization of socio-economic resources, it is octroized by the state, and recognized by it as inalienable. V. S. Nersesyants considers it as an alternative to the bourgeois one in the “transition period”, especially for those who are not ready for some reasons, including ideological ones, to accept for themselves the strict rules of the capitalist market game.