Conscientiousness in Private and Public Sectors of Russian Law

Article is devoted to the questions connected with ways and extent of introduction of category «conscientiousness» in all branches of the Russian system of the law. The relevance of a research consists that in a wide range of modern scientific works there are no researches which are in a complex considering category «conscientiousness» in private and public branches of Russian law. Besides, the need for development of this category for public branches is almost completely ignored that the author finds unreasonable and gives arguments in favor of need of development of the principle of conscientiousness for the public sphere of the Russian legislation. The purpose of article is the complex analysis of category «conscientiousness» for identification of the general signs of its manifestation in various segments of system of Russian law. Research problems, proceeding from the current legislation are: to disclose the general signs of category «conscientiousness» applicable both for branches private, and for branches of public law; to define what nature, in the context of division of system of the right on private and public, is the most inherent category «conscientiousness».At permission of the tasks set in work general scientific methods, such as analysis, synthesis, comparison, including comparison and private scientific methods from which it is necessary to distinguish system approach were used.The following conclusions became result of the conducted research: as well as in the private-law sphere, the category «conscientiousness» is widely presented at various institutes and designs of public branches of the right, including branches of tax, administrative, penal law, procedural branches; the legislator, irrespective of character of the relations regulated by it, uses uniform model of qualification of conscientious behavior; the category «conscientiousness» is all-legal and has more essential orientation to public regulation, following from which, and, gaining logical development, the principle of conscientiousness extends to private law.

добросовестность, проявление правовых категорий в законодательстве, межотраслевые и общеправо-вые категории, частное право, публичное право