Evgeniy V. Bogdanov
Plekhanov Russian University of Economics, Moscow, Russia, Bogdanov.firstname.lastname@example.org
Abstract. The current state of society and civil legislation in Russia make it necessary to study such fundamental types of worldview as individualism and collectivism in order to identify their influence on the development of capitalist society and the formation of civil legislation. The purpose and objectives of the study are to establish the origin and development of these types of worldview, their interaction and interdependence, the impact on capitalist society and the determination of the prospects for individualism and collectivism in Russia.
The study is carried out on the basis of general scientific interdisciplinary methods, that is, common to the civil law, philosophy of law, theory of law, sociology (e.g. historical method, dialectical method, logical method) and specific methods for each of these sciences: formal legal, comparative legal, structural functional, concrete historical, etc.
The author of the article substantiates the conclusion that individualism is gradually losing its significance in society and is increasingly being replaced by collectivism. The importance of collectivism in economic activity is especially great. This tendency should be developed and taken into account in the legislation, in particular, by attracting employees to the management of corporations, providing conditions for the creation of people’s enterprises, etc. Individualism, collectivism and capitalism should be brought into the framework of modern civil law. In this regard, the basic principles of civil legislation require a revision, proceeding from the fact that Russia is a social state. In Article 1 of the Civil Code of the Russian Federation, it is necessary to additionally consolidate the principles of justice and solidarity, and to correct the beginning on the unimpeded exercise of rights, indicating that civil rights are exercised in accordance with their purpose and in compliance with the requirements of the law. In article 2 of the Civil Code of the Russian Federation, it is necessary to add that entrepreneurial activity is carried out both in the interests of the entrepreneur and society. In the Civil Code of the Russian Federation, it is also necessary to indicate the existence of collective property in Russia.
Keywords: individualism, collectivism, capitalism, fairness, solidarity, collective property, public (employee-owned) enterprise, entrepreneurial activity
For citation. Bogdanov E. V. Individualism, Collectivism and Capitalism within the Framework of Modern Civil Law of Russia. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 80—97. (In Russ.) DOI: 10.12737/jrl.2021.150