К вопросу о формализации в праве

Abstract

The authors of the article rely on the method of materialistic dialectics, using general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, system-structural method), as well as private scientific methods of law science (formal law, comparative law). Formalization in law is an objective and a multi-faceted phenomenon. First of all, it should be borne in mind that the law is investigated through the categories of form and content. The form of law, in turn, is an external expression of the law, the unity of law information and its holder. The increasing use of formal indicators in the law regulation of relations in many areas of public relationships is a modern trend, however, this state of affairs often entails a reduction in the effectiveness of regulation due to the oblivion of content factors. The study makes it possible to urge further reflection on the linkages between the different aspects of the phenomenon of formalization in law, and to update some general trends in the development of modern Russian law on the basis of the synthesis of the data. In the practical sphere, the research is aimed at emphasizing the real correlation between formal and informal law, which ultimately determines the processes of implementation of law and the effectiveness of law treatment of social relations.