Правовые системы стран тоталитарного социализма: особенности правогенеза и тенденции развития

Abstract

The essential features of the legal systems of the countries of totalitarian socialism are analyzed, some issues of the formation of the socialist legal system in Russia are investigated, the main approaches to the typology of the legal systems of the countries of totali-tarian socialism are identified: from denial of existence at the present time to recognition as a global legal system. The characteristic features of socialist law are revealed, the close connection between legal genesis and political genesis is noted. The formation of the system of socialist law in Russia was based on a radical rejection of the legislation of the previous era; on the contrary, in some other countries of totalitarian socialism, a gradual change in the regulatory framework is noted. The leading role of ideology in the system of socialist law is characterized, which influenced the content of law, and its forms, and technical and legal features. From the point of view of content, socialist ideology gave rise to a special paradigm of relations in the “personality-state” system, which in one way or another affected all branches of law. The author also draws attention to the specifics of the sources of socialist law, the features of the legal culture of the countries of totalitarian socialism. All of the above allows us to conclude that the socialist legal system exists as an independent one. Despite the reduction in the number of countries included in this legal system after the collapse of the USSR, its preservation is noted, while in its classical form it remained only in the DPRK, other countries should be attributed to the modernized socialist legal system. The transformations concerned mainly socio-economic relations, the main political institutions did not undergo significant changes. An analysis of constitutional legislation and political practice does not indicate a desire to re-build the political and legal system along Western lines.