MAIN DIRECTIONS OF IMPROVING THE LEGAL REGULATION OF THE CONTRACT OF DONATION IN THE RUSSIAN FEDERATION

Abstract

The contract of donation is a very popular deal in the civil circulation. At present, the civil-law regulation of the contract of donation in modern Russian civil legislation attracts the attention of many researchers. The article deals with the donation contract and its legal regulation in the Russian Empire and the Russian Federation. On the basis of the views Russian civilists some amendments to Chapter 32 of Part Two of the Civil Code are proposed, the conclusion is made of the possibility of the revival of subinstitute of awards as a kind of Institute of donation. Analysis of opinions of civilistic community has shown the need for the perception of the positions of scientists for the improvement of civil legislation. The legislator should listen to the scientists and use their theoretical developments in the law-making activities. Provisions developed by the civil doctrine, must be adopted as changes in the Civil Code, and then the legal regulation of the contract of donation will be on par with the best world standards of civil law. A trend in the development and enforcement of practices seems to be interesting: increasing the number of decisions, which is the interpretation of the provisions of the Civil Court of the Russian Federation by the court in relation to the annulment of the contract of donation on the grounds of abuse of rights and as a deal incompatible with the fundamentals of the rule of law and morality. It is difficult to say so far whether this trend has sustainable development of the judicial practice of giving the contract or whether it affects the improvement of the norms of the Civil Code governing the transaction.