In the mechanism of regulation of civil-legal relations the norms based on moral-spiritual categories are of decisive importance, as their private legal nature entails not imperative, but dispositive regulation of interrelations between subjects. Some of them are taken into consideration in the contents of functioning principles included into the civil law, but the category of conscientiousness deserves for a juridical fortification to be found in the number of constitutional principles advocating citizens` rights. It is accounted for by the consideration that under the conditions of the transition to market relations the sphere of social relations regulated by civil law has a tendency towards extension and the conscientiousness of their participants will be of no few importance in regulation of conflicts with law.
principle, conscientiousness, reasonability, justice, legal norms, legal consciousness, legal system
1. Marchenko M.N. Theory of State and Law: manual / M.N. Marchenko. – M.: Prospect, 2006. – 640 pp.
2. Globalization and Development of Legislation: Essays / Editors-in chief A.S. Pigolkin, Yu.A.Tikhomirov. – M.: Gorodets, 2004. – 464 pp.
3. Pokrovsky I.A. Basic Problems of Civil Law. – M.: Statut, 1998. – 353 pp.
4. Gribanov V.P. Principles of Effectuation of Civil Rights // Moscow University Bulletin. – 1966. - #3.
5. Boltuyev S.Sh., Kholikov K.N. On some Aspects of Correlation between Constitutional and Civil Law Administering // Constitutional and Municipal Law. – 2010, #7 (“Jurist publishing group, Moscow”). – pp. 72-78.
6. Boltuyev S.Sh. Realization of Constitutional Principles of Rights Advocacy in Civil Law Administering // State and Law. – 2009. -#3. – pp. 39-49.
7. Yoffe O.S. Selected Works on Civil Rights. From the History of Civilistic Ideas. Civil Law Relation. Criticism of “Economy Law” Theory.. –M.: Statut, 2000. – 777 pp.
8. Qyghensicht V.A. Presumptions in Soviet Civil Law. – Dushanbe: Irfon, 1976. – 234 pp.
9. Zemskova P.Ye. Principle of Conscientiousness and Principle of Justice as General Principles of Law Recognized by Civilized Nations [electronic resource] / P.Ye. Zemskova // Jurisprudence. – 2009. - #616. – Regime access http://www.pravorggu.ru/2009_16/index.shtml
10. Ozhegov S.I., Shvedova N.Yu. Interpretation Dictionary [electronic resource] / S.I. Ozhegov. N.Yu. Shvedova. – Regime of access: http://ozhegov.info/slovar/
11. Encyclopedic Dictionary: under the editorship of Brokgauz and Efron. – SPb., 1890-1907