The principle of expediency in modern Russian law (civil law aspects)

Marina Anastasiya Aleksandrovna

The author analyzes the concept and essence of the application of the principle of expediency in modern civil law.The principle of expediency has long been considered in the domestic legal science in relation to measures of legal responsibility and in opposition to the principle of legality. However, at the present time, despite the mention of expediency, which is found in normative acts and materials of judicial practice, as a basis for the activities of courts and other entities, this legal phenomenon has not received due analysis and elaborated conceptual apparatus. In this connection, as a result, the conclusion is made about the need to directly establish the concept of the principle of expediency in normative acts with a view to eliminating the gap that has arisen.

Keywords:principle, legal principle, expediency, principle of expediency, principle of legality, principle of contra legem, judicial discretion