Prawo gospodarcze w trychotomicznym podziale prawa Wramszapu Samsonowicza Tadewosjana

Abstrakt

In 1956, the Soviet legal science resumed discussion on the structure of the legal system, in particular — its division into branches. In the years 1938–1956, as a result of rejecting the concept of unified economic law, Soviet science did not use the category of “economic law” at all. The first scholar who in 1956 re-proposed the separation of economic law in the Soviet legal system was Vramshap Samsonovich Tadevosyan. His arguments for the separation of economic law referred to both practical (pragmatic) and theoretical reasons. On the one hand, Tadevosyan pointed out that the separation of economic law would contribute to improving the legal system of national economy management, which would be conducive to the implementation of the sixth five-year plan, adopted at the 20th Congress of the Communist Party of the Soviet Union in 1956. On the other hand, he emphasized that regulating the functioning of the national economy by the provisions of civil law — as has been the case so far — was unacceptable due to the incompatibility of relations within the national economy with the civil law paradigm. Tadevosyan saw economic law as one from among the three branches of the Soviet legal system — the other branches being state law and civil law.