THE AMBIGUITY OF THE CATEGORY «WAIVER» IN RUSSIAN CIVIL LAW

In Russian doctrine, there is no holistic scientific understanding of the concept «waiver» in civil law, and, at the monographic level, only one type of a waiver – the waiver of subjective civil rights – is studied. The authors put forward the hypothesis about the ambiguity of this category in legal science in general and civil law in particular. They also assert that it is impossible to develop a single definition of this concept in isolation from the scientific theory within which it is defined. To confirm these allegations, the authors consider the waiver from the standpoint of various civil theories, i. e. a theory on the mechanism of civil law regulation, a theory of legal relations, a theory of legal facts, and a theory on the protection of civil rights. The attributes of the waiver are determined in terms of each of these civil theories, and its definitions are formulated. The authors examine the existing doctrinal views on the waiver and its attributes and analyse this concept in close relation to other legal categories. The study of the waiver from the standpoint of various civil theories allows not only to supplement the scientific believes and embed this concept in the existing system of legal categories but also to propose possible ways of improving law-enforcement practice.