1. The legal system of modern Russia in the general discourse of world development
- Author
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Albov Alexey Pavlovich, Shagieva Rosalina Vasilevna, and Nikiforov Vadim Alexeevich
- Subjects
comparative law ,legal tradition ,hybrid legal type ,Social Sciences - Abstract
The study’s objective is based on the disclosure of the specific comparative nature of the modern Russian legal system to substantiate the theoretical concept of its existence as a unique hybrid legal type as a symbiosis of the three legal traditions: Romano-Germanic, religious and socialist. The methodological basis of the study is the methodological and analytical range of methods presented in the article, known and proven ways and means of research in jurisprudence. To obtain reliable and well-founded conclusions, traditional general scientific and special research methods and descriptions of its results are used, mainly historical, comparative methods, a systematic approach, etc. The study result concluded that the formation of the main properties of the Russian legal system is associated with the goals and objectives that were assigned to it by the state and society in a particular historical period, which is why it is unique. The perception of specificity in implementing the classification of modern legal systems largely determines the justification of the criteria put forward. To determine the ways of further development in the twenty-first century, Russia’s legal system must still rely on its historical legal identity, taking into account the peculiarities of national culture. The novelty of this study is the resolution of a complex problem of theoretical and methodological order, namely: is it worth defining the underlying legal identity of the Russian legal system or is it enough to show its place on the “legal map of the world”, including it in a particular larger legal community?
- Published
- 2021
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