professor at the Department of civil law disciplines of the Plekhanov Russian University of Economics, doctor of legal sciences, professor
36, Stremyany lane, Moscow, Russia, 117997
The problem of restoring (elimination) of the actual inequality of civil law actors remains unexplored in civil law studies. This in turn explains the absence of a sufficient number of “equalizing” mechanisms in the legislation, which can lead to social exclusion and, accordingly, to disaffection among the population. The purpose and objectives of the study are to determine the possibility of equalizing the actual inequality by legal means, that is, by establishing, in applicable cases, the regime of legal inequality of civil law actors, as well as determining the specific social relations, which actors is in need of elimination of the actual inequality. General scientific methods (analysis, synthesis, concretization, generalization, etc.) and specific scientific methods (system-analytical method, formal logic, technical-legal method, comparative legal method, etc.) were used to support the required research and analysis. Outcomes of the work include the following provisions. The problem of elimination of the inequality in the economic field (inequitable distribution of income and wealth, high level of unemployment, low actual wages, etc.) is, first of all, in the competence of economists, and the solution of economic problems still requires significant amount of time. However, the content of actual inequality can be not only of an economic nature, but also of a legal nature, which makes it possible to overcome it by legal means, that is, by establishing in the legislation the legal inequality of civil law actors, when the interests of individuals or groups of individuals will have priority over any other individuals or groups. Thus, the actual inequality in the civil law field can be solved, in applicable cases, by moving away from the principle of legal equality (as equality of legal possibilities) of civil law subjects and establishing their legal (juridical) inequality. In the social state such as the Russian Federation, the problem of actual inequality must be resolved to the extent that will satisfy Russian society.
Keywords: equality of legal opportunities, actual inequality, social justice, consumer, housing legislation, corporate management.
Full text in Russian