The Contradictions Of Human Rights Definition In The Russian Civil Law

Abstract

The urgency of the study is caused by the increasing role of social and economic Human Rights legislation in the post-industrial information society. The purpose of the article is to identify the features of the legal regulation of intangible values and non-property rights of the individual in Russian legislation, in particular in the Russian Civil Code. Based on the demands of the modern stage of Russian economy development, special attention is paid to the consideration of Human Rights, related to property, such as human dignity, business reputation, copyright and image rights. The leading method for the study of this problem is the analysis of Russian and international normative and legal acts and judicial practice on the protection of non-property rights. The study revealed that the concepts of Human Rights and intangible values in Russian legislation are sufficiently conditional and interchangeable. As basic intangible values, the law describes objects that a person does not have the right to dispose of at his or her discretion or this right is restricted. These definitions are also opaque in international regulations, that lead to contradicting jurisprudence. The materials of the article might be useful for theoretical research on comparative law, in the development of legal acts, regulating intangible values and non-property rights.