The article is devoted to the consideration of defects in the implementation of consent as a unique legal phenomenon of modern Russian law. The article identifies the main causes of defects in the implementation of consent, as well as identifies the key types of defects in consent. The defects of consent related to the substantive and formal side of consent are considered in detail. The prospective necessity of technical and legal modernization of the legal regulation of the form and content of consent in order to minimize defects in their implementation is substantiated.
consent, law, technical and legal defect, defects in the implementation of consent, defects in content, defects in form
1. Zimina M. Yu. Institute of Consent in Civil Law of Russia. Auther’s abstract ... candidate of legal sciences. Moscow, 2019. 209 p. (In Russ.)
2. Kasatkin S. N. Consent in Civil Law of the Russian Federation. Author’s abstract... doctor of legal sciences. Nizhny Novgorod, 2014. 26 p. (In Russ.)
3. Ozhegov’s Explanatory Dictionary / ed. by S. I. Ozhegov, N. Yu. URL: https://dic.academic.ru/dic.nsf/ogegova/47514 (accessed 15.06.2024). (In Russ.)
4. Bleshchik A. V. Identification of Distortions in Legislation and a Communicative Approach to Law: Experiences in Legal Expertise of Regulatory Acts. Russian Law Journal, 2021, no. 2, pp. 101–114. (In Russ.)
5. Kozhokar I. P. On the Issue of Certain Methods of Eliminating Defects in the Mechanism of Civil-Law Regulation of Obligatory Relations. Bulletin of Perm University, Legal Sciences, 2015, no. 2, pp. 55–60. (In Russ.)
6. On the Application by Courts of Certain Provisions of Section I of Part One of the Civil Code of the Russian Federation: Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015. URL: https://cloud.consultant.ru/cloud/cgi/online.cgi?BASENODE=1-1&req=doc&cacheid=A09F64D3BABBEDBC2720EBB75596023C&mode=searchcard&rnd=maisCA&base=LAW&n=181602#vmlNdRUmXE2cJmwk (accessed 19.10.2024). (In Russ.)
