Current typology of the Belarusian legal system on the legal map of the world

Abstract

The article presents the study results of functioning of the Belarusian legal system on the legal map of the world and its interaction with the legal systems of the continental law family. The main national legal reality components most actively communicating with foreign systemic formations – sources and law system, normative component and national type of legal consciousness – are analyzed. Proposals on the reception of foreign legal experience of French and Scandinavian legal models are made. It is proposed to improve the national law system by updating the administrative law branch according to the French model and judicial practice by the reception of the relevant components of the Scandinavian justice model. The Belarusian-type character of legal consciousness is analyzed separately from the viewpoint of its historical integration by different-type elements of legal cultures, which determines the ability of the Belarusian legal system to qualitatively interact with the legal systems of various law families. The “legal diplomacy” concept is introduced. It implies a new approach in the methodology of legal reception instead of implementation of “legal expansion” of foreign norms and institutions of law into other legal cultures. Proposals are made to include the provisions on the principles and mechanism of legal reception, as well as the rules determining a new quality of national legal consciousness by activating legal propaganda forms into the draft Concept of Legal Policy of the Republic of Belarus and in the draft Law of the Republic of Belarus “On Civil Society”.