О роли историко-правовых исследований военных конфликтов как истоков трансформации государства и права

Abstract

Introduction: social and political conflicts often lead to direct armed clashes both inside and outside the state. At the same time, the state-legal consequences generated by military conflicts often radically transform the mechanism of the state, its legal and political systems. In the conditions of constantly emerging armed conflicts in the world (according to Stockholm International Peace Research Institute, there are currently more than 20), their historical research is of particular importance. The subject of the work was the legal consequences of intra-state armed conflicts and social contradictions that had triggered their onset and development. The purpose of the work is to determine the role and significance of historical and legal studies of armed conflicts through the example of civil wars and to justify the need for further research of a violent armed conflict within the framework of legal science. Methods: the methodological framework for the research was made up of the formal legal, historical, sociological methods, as well as the synthesis and analysis of historical events and their legal consequences. The topic has a novelty in the context of the need to conduct research in the national historical and legal science of the “blind” zone of violent military conflicts, as a rule, ignored by legal history. The results of such generalizing studies will make it possible to realize one of the functions of history of state and law as a science – the forecasting of state-legal phenomena of the future and the analysis of current political processes. Finally, the author comes to the conclusion about the significant and underestimated role of historical and legal studies of armed conflicts, namely, the fallacy of omission from the research field of its violent course.