Value foundations of civil regulation: formal equality and free will as prerequisites for dispositiveness and permission

Ushakov R. M.

The article explores a number of controversial aspects of civil law permissions and dispositiveness. Based on the analysis of civil law, the provisions of the civilistic, theoretical and philosophical legal doctrine, the author, through the prism of an activity-dogmatic approach, reveals the key importance of the categories of free will and formal equality in determining the essence and content of the permissible method of civil law regulation. It is argued that the proper implementation of these legal values ensures the stable functioning of civil circulation; substantiates the need for formalization of civil law permission as a starting point of civil law in Art. 1 Civil Code of the Russian Federation.

Keywords:dispositivity, civil law method, dispositive method of legal regulation, authorization, permissible method of legal regulation, formal equality, free will, autonomy of will, civil circulation.