Применение статьи 452 Гражданского кодекса РФ: практический подход к требованию о соблюдении досудебного порядка урегулирования спора
The Russian civil law and practice have undergone major changes aimed at improving the legal normalization of relations and the modernization of private legal practice in the spirit of the disposition method of regulation.
The legal approach, according to which any rule that defines the rights and obligations of the parties to the contract should be interpreted by the court on the basis of its spirit and legislative regulation purposes, is conceptual for interpretation of the rules. It eliminates formalism in the law enforcement practice.
To illustrate the essence of this approach, the authors refer to the analysis of the provisions of Article 452 of the Civil Code of the Russian Federation (the Civil Code), which allows to find out what kind of sense is put by the legislator in the requirement for pretrial settlement of the dispute on change (termination) of the contract, which turns out to be a mandatory step for bringing the case to court consideration.
On the basis of interpretation and study of the judicial practice, attention is drawn to the fact that the provisions of Article 452 of the Civil Code should not be understood purely formally and are designed solely for the court to unsure that attempts to pretrial resolution of a legal conflict were made and are exhausted.
This approach to interpretation of the provisions of Article 452 of the Civil Code is consistent with the objectives of legal regulation and does not create unnecessary obstacles to implementation of the rights of the bona fide participants of civil relations.