Legal System - A Matrix for State Self-Identification
( Pp. 41-45)

More about authors
Bezuglya Anna Arturovna Cand.Sci.(Law), Associate Professor, Associate Professor of constitutional and international law faculty
Belgorod state national research University
Belgorod, Russia Nikonova Ludmila Ivanovna Cand.Sci.(Law), Associate Professor, Associate Professor of constitutional and international law faculty
Belgorod state national research University
Belgorod, Russia
Abstract:
This article analyzes the author's approaches to the consideration of the category "legal system" in the legal theory. It was revealed that the indicated legal phenomenon is mainly studied by scientists in two senses: the first approach (broad) allows us to consider it as a fundamental, complex, multidimensional and collective "legal formation" that combines a variety of legal phenomena, means and processes; the second - studies the legal system through a set of normative legal acts in force on the territory of a particular state. It is clarified that the second approach is based primarily on the constitutional provisions of Part 4 of Art. 15. In the course of the study, the substantive difference between the categories "legal system", "legal family", "system of law", "system of legislation" is indicated. The variability of the author's positions in terms of fixing the elemental composition of the legal system is also noted, while the similarity of these components (the system of law, the system of legislation, legal practice and legal ideology) is emphasized. As a special classification of legal systems, the position of the authors was reflected, proposing to consider the legal system through legal arrays: as a national legal system, a legal family and a group of legal systems. The analysis of doctrinal approaches to the study of the Russian legal system made it possible to formulate a conclusion about the need to “grow” it, taking into account the cultural, historical, national, political, social, and economic identification of our society and state. It is emphasized that the legal system of Russia is the personification of its state sovereignty.
How to Cite:
Bezuglya A.A., Nikonova L.I., (2022), LEGAL SYSTEM - A MATRIX FOR STATE SELF-IDENTIFICATION. Gaps in Russian Legislation, 7 => 41-45.
Reference list:
Alekseev S.S. General theory of law. T1. M., 1981. 378 p.
Baitin M.I. Questions of the general theory of state and law. Saratov: Publishing House of the State Educational Institution of Higher Professional Education "Saratov State Academy of Law", 2006. 400 p.
Vitruk N.V. Constitutional and legal outlook in the system of legal culture // Literaturnaya Gazeta, 2005. February 16-22. Access mode: https://www.lihachev.ru/pic/site/files/lihcht/2009_Sbornik/003_Sekcii/003_Sekcia_3/005_Viturk_NV.pdf.
Gaididey Yu.M. Legal system: concept and features // Legal Science. 2014. No. 3. P. 13-15.
Dogadaylo E.Yu. Legal system as a methodological category of comparative law // Law and Modern States. 2012. No. 2. P. 1-12.
Egorov A.V. Legal family as an object of comparative law // Jurisprudence. 2005. No. 2. P. 155-161.
Zherebkin V.S. Contradictions under socialism and law. Vladimir, 1972. 62 p.
Zorkin V.D. Law of the modern era // Rossiyskaya Gazeta. 2010. June 25.
Kerimov D.A. Philosophical problems of law: monograph / D.A. Kerimov. M.: Thought, 1972. 472 p.
Kuzmenko V.I. The problem of correlation between the categories "legal family", "legal system" and "system of law" // Bulletin of Economics, Law and Sociology. 2012. No. 3. P. 197-200.
Morozova L.A. Theory of Government and Rights. M.: Lawyer, 2003. 414 p.
Romashov R.A. Theory of state and law: textbook and workshop for secondary vocational education. M.: Yurayt, 2020. 443 p.
Saidov A.Kh. Comparative law (the main legal systems of our time): Textbook / Ed. V.A. Tumanov. Moscow: Yurist, 2003. 448 p.
Saidov A.Kh. Comparative Law: Academic Textbook. M.: Norma: INFRA-M, 2020. 320 p.
Sinyukov V.N. Russian legal system. Introduction to General Theory. 2nd ed., add. M.: Norma, 2014. 672 p.
Skvortsova Yu.V. Legal acculturation of the development of the Russian legal system // Leningrad Journal of Law. 2013. No. 1 (31). pp. 106-106.
Tikhomirov Yu. A. Public law: textbook. M.: BEK, 1995. 496 p.
Tikhomirov Yu.A. Law: national, international, comparative // State and Law. 1999. No. 8. P. 5-12.
Tikhomirov Yu.A. The legal sphere of society and the legal system. // Journal of Russian Law. 1998. No. 4-5. pp. 7-15.
Fedorinova E.A. "Legal system" and "legal family": correlation of concepts // In the collection: Novels of Law, Economics and Management 2020. Collection of scientific papers based on the materials of the VI International Scientific and Practical Conference. 2021. P. 59-63.
Esmein A. Le droit compare et lenseignement du droit. Paris, 1905.
Levy-Ullman A. Sur les communications relatives au droit prive dans les pays trangers. Paris, 1922.
Keywords:
legal system, legal family, system of law, system of legislation, legal ideology, cultural values.


Related Articles

THEORETICAL AND HISTORICAL LEGAL SCIENCES Pages: 42-45 Issue №46030
Analysis of the Criminal Law of Rome and Its Role in the Criminal Law of Our Time
Law Roman law legal system principles contribution
Show more
5. Criminal; Criminal enforcement law Pages: 103-106 Issue №5975
THEFT OF ITEMS OF PARTICULAR VALUE: PROBLEMS OF DESCRIPTION OF THE FEATURES OF THE LEGISLATIVE OBJECTIVE EVIDENCE
theft the offense the subject of crime items of particular value
Show more
14. OTHER Pages: 260-265 Issue №6998
Traditions and rituals as a social phenomenon
spiritual values moral norm tradition rituals customs
Show more
11. ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS (12.00.14) Pages: 262-265 Issue №18617
On some issues of legal and administrative norms of the Code of Noah (based on the analysis of the Book of Genesis of the Mosaic Pentateuch)
administrative law government public administration legal system sources of law
Show more
11. Theory and history of law and state; History of law and State teachings Pages: 158-161 Issue №7176
THE MANIFESTATIONS OF INFANTILISM IN THE LEGAL ENVIRONMENT LAW
lawyer the sense of justice infantilism legal psychology legal ideology
Show more
9. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 224-226 Issue №18348
Problems of application of criminal law norms establishing responsibility for smuggling in Russia, and ways to overcome them
smuggling Customs Union illegal movement customs border of the EAEU strategically important goods and resources
Show more
9. ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS (12.00.14) Pages: 202-206 Issue №17728
Sources of administrative enforcement rules in the Old Testament legislation (based on the analysis of the Book of Leviticus of the Moses Pentateuch)
administrative law government public administration legal system sources of law
Show more
8. CIVIL LAW BUSINESS LAW FAMILY LAW; PRIVATE INTERNATIONAL LAW 12.00.03 Pages: 218-221 Issue №17564
Qualification of an inheritance relationship with a foreign element: choice of applicable law
legal system foreign element qualification hereditary relation conflict regulation
Show more
12. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 194-198 Issue №19821
Institutionalization of Criminal Law as a Prospective Direction of Criminal Policy
criminal law politic criminal law institutionalization cultural values Criminal code of Russian Federation
Show more
5. THEORY AND HISTORY OF LAW AND STATE; HISTORY OF LAW AND STATE TEACHINGS 12.00.01 Pages: 187-192 Issue №18758
Main directions of improvement of legal technique using digital technologies
legal system lawmaking digital technologies legal expertise legal regulation mechanism
Show more