Принципы равенства и защиты слабого субъекта правоотношения: межотраслевой взгляд

Власть Закона. 2022. № 3. С. 151–161.

Гуляева О. Н.

The article is devoted to understanding the interaction of the principles of equality and protection of a weak subject in civil and administrative law. Purpose: prove the systemic interaction of these principles, to identify the peculiarity of their application in public and private law with the involvement of interdisciplinary knowledge. Methodology: dialectical method, analysis and synthesis, as well as comparative legal method, systematic, formal dogmatic. Results: the definition of the principle of protection of a weak subject of a private law relationship is given, the specificity of its action in private law is revealed, the connection of the principle of protection of a weak subject with the principle of equality is indicated. Conclusions: the principle of protection of a weak subject of a private law relationship is a fundamental provision that is aimed at creating a differentiation of the legal regulation of private law relations, in which a state of legal relations is achieved in which its participants have a real opportunity to exercise their interests in a legal relationship. The effect of the principle in public law is mediated by subordination relations, which reflects an excellent sign of weakness of the subject of public legal relations, namely: lack of power. The principle of protection of a weak subject limits the operation of the principle of equality in both private and public law.

Keywords: принцип равенства, principle of equality, слабая сторона, weak side, weak subject, competition of principles, differentiation of participants in legal relations, слабый субъект, конкуренция принципов, дифференциация участников правоотношений