Коллизии политической целесообразности и законности в интерпретации сущности права на примере СССР 1920–1930-х годов и современных стран Запада

Abstract

The article discusses the issues of conflicts of the essence of law in the approaches of Soviet scientists and statesmen of the USSR in the 30s and their analogies in modern conditions, using the example of the legal policy of Western countries in relation to the Russian Federation. The author focuses on the problem of politicization of the principle of expediency both in the law of the USSR and in the modern conditions of the sanctions pressure of Western countries on Russia. The article points out the positive and negative aspects of revolutionary expediency within the framework of the administrative command system and the mechanism of legal regulation in the USSR. And also — on the illegality of the priority of political expediency and certain “rules” in the politics of Western countries over international law in modern conditions. In conclusion, the author concludes that the interests of both the revolutionary expediency in the USSR and the representatives of the “deep state” in the modern United States are directly dependent on collisions in the assessments of the essence of law, which are mediated by the political and economic interests of the dominant forces.