The article presents the results of the assessment of domestic civil law and legal consciousness of Russian lawyers from the standpoint of a functional approach to law. This first theoretical part considers historical roots of dogmatism in Russian legal consciousness and shows that dogmatism, which is closely connected with the super positivist approach to law, is still imprinted in the minds of domestic civilists. The functional approach to law is described as a necessary addition to legal dogmatism and an opposition to positivism, as well as the essence of the social impact of law. These theses are empirically confirmed in the second part of the paper. The author considers the principle of good faith, standards of proof, protection of possession, recovery of damages, compensation for harm to life and health, etc., and proves that in these key areas of civil law the dogmatic approach still prevails or significantly hinders the effective operation of such civil law instruments.
The article deals with one of the most crucial ways of civil law interpretation – systematic interpretation. The author proposes the list of systematic interpretation principles as guidelines for using this instrument. The article provides legal comparative analysis of interpretative methods in continental and Anglo-Saxon legal systems. Author conducts a research of using systematic interpretation techniques in practice and shows the most common mistakes of law-enforcement.