О равенстве в гражданском праве: научная доктрина и правовые позиции Конституционного Суда Российской Федерации

Abstract

The object of the study is the relationship that is the subject of the civil law branch in terms of their relationship with the category of legal equality. The purpose of the work is to substantiate the influence and interaction of scientific views in the field of jurisprudence on equality in law with the approaches of the Constitutional Court of the Russian Federation set forth in its decisions, as well as the meaning of this kind of correlation.The following tasks are set: to justify the multidimensional nature of the category of equality; establish the relationship of the studied concept with the constitutional foundations, as well as other basic principles of civil legislation of the Russian Federation; analyze the legal positions of the Constitutional Court of the Russian Federation, which interpret equality and assess the norms of civil law for compliance with their principle of equalityThe practical significance of the study lies in the possibility of using copyright conclusions in law enforcement practice, in particular to resolve issues about the sectoral affiliation of legal relations, about the admissibility of restrictions in civil rights, about the choice of methods of protection, taking into account the positions of the Constitutional Court of the Russian Federation. The methodological basis of the study was the dialectical method of cognition of socio-legal phenomena. In addition, general scientific methods (in particular, general logical methods of theoretical analysis), interdisciplinary methods (axiological, method of system analysis) and specialized methods of legal sciences (formal legal, method of technical and legal analysis, specification, interpretation) were used.