WAYS TO PROTECT CIVIL RIGHTS IN SOME FOREIGN COUNTRIES: RECEPTION OPPORTUNITIES FOR RUSSIAN LAW AND ORDER

The problem of creating in modern Russian society its own concept of civil rights protection, in particular, depends on the tools of the law-making process. The article substantiates the thesis that the use of reception tools is permissible. It is advisable to consider metered legal borrowing, carried out with account of numerous circumstances, including the achievements of domestic legal science. The creation of a new legal norm should be ideologically filled, carried out by professionals with the appropriate powers (competent authorities), based on the achievements of the legal technique of national law, and taking into account the more developed legal forms of foreign legal systems with a similar legal culture. The article pays special attention to the phenomenon of reception in the legal sphere, its definition is presented. The article assesses the possibility of reception for the Russian law and order in relation to the Republic of Belarus, the Republic of Kazakhstan and the People’s Republic of China. The author uses the following comparison criteria: the identity of socio-cultural and legal systems, the level of legal development of the institute for the protection of civil rights, the possibility of assimilation (perception) by the Russian legal system of borrowed material in the field of civil rights protection, the degree of borrowing, the possibility of modernizing the institute for the protection of civil rights of Russia with regard to borrowing. The author conducts a comparative analysis of the content of the legal norms of the civil codes of the listed countries in terms of the ways of protecting civil rights and individual rights, with similar civil law norms contained in the Civil Code of the Russian Federation. Finally, the article formulates a conclusion about possible prospects for improving the current Russian civil legislation, considering the experience of the listed foreign countries.

civil rights protection, civil rights, individual rights, reception, law-making, civil Code, Republic of Belarus, Republic of Kazakhstan, People’s Republic of China, Russian Federation

Kaplunova N. A. Ways to protect civil rights in some foreign countries: reception opportunities for Russian law and order. Business. Education. Law, 2023, no. 1, pp. 203—206. DOI: 10.25683/VOLBI.2023.62.527.