Уважение в праве: эволюция нормативного закрепления и доктринального осмысления

Abstract

The author of the article attempts to determine the essence of the phenomenon of “respect” in relation to the state-legal patterns of its evolution in normative legal acts, law enforcement practice and research by scientists. The article analyzes individual historical monuments of law, the legislation of the Soviet period of the development of the national state and law, as well as the modern political and legal doctrine of understanding respect as an element of legal reality. Based on this, it is concluded that respect is positioned mainly in two projections: as a moral and ethical regulator of public relations, as well as a normative requirement, but having a spiritual nature. A certain kind of evolution of respect in law is proved: from a moral and ethical value to a legal principle. It is postulated that today respect in law must be considered through its dual nature with projection as a principle of Russian law based on moral and ethical values, i. e. within the framework of sensory and activity normative components. The author’s interpretation of the concept of “respect in law” is proposed, the conclusion is made about the need for a full-fledged, general theoretical study of respect, the formation of its doctrinal concept.