Ethical Regulation – “Soft” Regulation, “Soft” Power

Abstract

Introduction. The article examines the problem of the relationship between law and ethics in their normative manifestations. The position is substantiated that ethical regulation is much broader than legal regulation, but any legal regulation is based on an ethical principle. That is, law is the minimum of ethics. This is their similarity, as well as the fact that both ethical and legal regulation (and a number of others, for example, in the theological sphere) are social regulation. Methods. This research is based on the use of the general scientific dialectical method of cognition, which determined the use of general philosophical (analysis, synthesis, analogy) and formal logical methods. In turn, the specifics of the problem studied in the article determined the use of private scientific methods: historical-legal, comparative-legal, formal-legal, structural-functional, systemic analysis and interpretation of legal norms, etc. Results. The implementation of legal regulations, compliance with the rules of law is ensured by the force of coercion, behind which stands the state and its relevant institutions. Therefore, legal regulation is strict regulation, “brute force”. And ethical regulation, compliance with ethical standards is ensured by conviction, first of all, on the part of the individual himself, “included” in the corresponding society, where ethical obligations are formed, which over time acquire normative content. Therefore, ethical regulation is soft regulation, “soft power”. In developed social societies, naturally, and in Russian too, “soft” regulation, normatively enshrined, occupies a dominant position. The article notes that it is more reliable, long-lasting, more fundamentally determines the rules of behavior of the subjects of its influence and is much less subject to market fluctuations than the legal one. Therefore, it is developing rapidly: both at the international level, and abroad, and in Russia, where in recent years codified acts have been developed and adopted in the field of normative regulation of ethical rules of behavior: in the system of executive authorities (including law enforcement agencies), in the stratum of free people professions, in the business sector, etc. Particular attention in the article is given to ethical regulation in the sphere of professional, personal and other life activities of judges. Discussion and Сonclusion. The article substantiates that an indispensable attribute of “soft power”, as in the field of legal regulation, is responsibility for non-compliance with relevant regulatory requirements. But at the same time, mixing legal (disciplinary, first of all) and ethical responsibility is unacceptable. Using the example of such confusion regarding Russian judges, due to current legislation, the article shows the negative consequences of the corresponding law enforcement.