Valigura K. Moral principles of a society in the mechanism of civil law regulation.

Moral foundations of any civilized and democratic society have always been relevant in academic literature and legal practice. The effectiveness of civil legislation is thereby largely predetermined by the ability of national law to adequately regulate the processes that are regularly arise in society. With regard to this latter aspect, presented dissertation is innovative in terms of a comprehensive study on the peculiarities of the society’s moral principles implementation in the civil relations regulation. Based on the classical doctrine of natural law, by combining the doctrine of morality and the mechanism of civil law regulation, the author investigates and develops holistically new scientific approach to understanding the mechanism of civil law regulation. This, is turn, defines the role of the society’s moral foundations in the system of civil law regulation. It is argued that the mechanism of legal regulation in the private relations domain might take a number of forms. Thus, it is quite logical that the use of different methods of influencing the public relations will reveal itself in different ways both in theoretical and practical perspectives. The aforesaid idea has scientifically shaped the authors “academic quest”. In order to further strengthen civil law regulation practice, the author formulates methodologically important hypothesis. The proper and coherent implementation of legal norms can be made only provided that there is an adequate understanding by the relevant subjects (who enforces such norms by using them in everyday life). In other words, appropriate law enforcement is not possible without a correct understanding of the categories that were used by the legislator in the drafting process. Consequently, the observance of moral principles in the implementation of civil rights has acquired a generally binding character. However, on the other hand, the lack of formalization may entail arbitrariness of law enforcement authorities.