О некоторых особенностях российской правовой системы

• 영문명: On Some Features of the Russian Legal System
• 발행기관: 충북대학교 러시아 알타이지역 연구소
• 저자명: Богородицкий И. Б. Калинина О. Е. Осипов М. Ю.
• 간행물 정보: 『러시아학』러시아학 제16호, 249~289쪽, 전체 41쪽
• 주제분류: 인문학 > 기타인문학
• 파일형태: PDF
• 발행일자: 2018.02.28

영문 초록

The problem of determining the place and role of the Russian legal system in the world legal space is one of the pressing problems facing modern legal science. The object of the study is the Russian legal system. The subject of the study is features and patterns of development of the Russian legal system, its components and elements. The purpose of the study is to trace the features and patterns of the formation, development and functioning of the Russian legal system, its components and elements in comparison with other legal systems. In the course of the study, the following was established. The Russian legal system is a complex artificial, heterogeneous dynamic system that includes elements of a) cultural and ideological level (legal awareness and legal culture and their components and elements); b) normative level (elements of this level are the norms of law, the institutions of law, the branches of law, forms (sources of law), c) the communicative-behavioral level (elements of this level are legal relations, acts of realizing rights and duties, legal behavior, social relations, incoming in the subject of legal regulation); d) procedural level (elements of this level are legal processes: law-making, legal regulation, enforcement, implementation of law, interpretation of law); e) Institutional level (elements of this level of the legal system are the state, public authorities, local governments and other subjects of law). The Russian legal system has undergone a long and complex path in its historical development, which includes several stages: the pre-revolutionary stage, the Soviet stage, the post-Soviet stage. An analysis of the history of the Russian legal system shows that the law, understood as a law, has always been viewed by Russians as coming from the state, as a means of achieving state goals. At the same time, the Russian legal mentality is characterized by the opposition of official law (law) to a certain ideal of Pravda. The current state of the Russian legal system is characterized by a high rate of adoption of bills, which is due to the peculiarities of the Russian legal mentality, which in turn is due to geographical and climatic factors: with a short summer and a long winter, Russians have a habit of hurrying to have time to do everything as soon as possible, until an unfavorable time comes. This mental feature was also passed on to the legislator, which is quite natural, since Russia is a democratic state, and deputies are the same bearers of legal mentality as the rest of Russia s citizens. In order to improve the legal system, the following measures are proposed: 1) improving the quality of legislation through more thorough examination of draft laws; 2) development of scientific bases of law-making activity; 3) improvement of law enforcement practice; 4) legal education of the population.

목차

Ⅰ. Введение

Ⅱ. Основная часть

Ⅲ. Заключение

키워드

право (Law) правовая система (Legal system) правотворчество (Law-making) правоприменение (Law-enforcement) правовая ментальность (Legal mentality) правовая культура (Legal culture) юридическая наука (Legal science)