A combination of imperative and dispositiv principles in private enforcement law

Текст статьи на русском языке


Pilipenko E.A.
Candidate of Law
Associate Professor of the civil procedure and international law department
Kuban State University

Annotation: The article based on doctrinal sources, considers executive relations affected by the problems of a combination of imperative and dispositive principles, relations, behavior and interaction of participants in various social relations, regulated by a complex of both imperative and dispositive norms, the methods and forms of their legal integration. In this regard, the development of legal regulation of some parties to the social relations under study related to the enforcement of decisions of jurisdictional acts becomes especially relevant. By regulating public relations in a difficult, crisis situation (it is not officially recognized as an emergency in Russia), the state weighs the expediency of mandatory restriction of the rules originally laid down in dispositive norms. In this regard, from a completely new, previously unpredictable, perspective, it became necessary to investigate the permissible and adequate proportions of mandatory and dispositive principles in the provisions of executive legislation.

Keywords: executive law, mandatory, dispositive, jurisdictional, subject, method.