Forms of Law in Modern Russia

Abstract

In the modern juridical science, scholars name both traditional forms (sources) of law and the forms (sources) the legal nature of which as the existing forms (sources) of law in the legal system of Russia is equivocal. The paper scrutinizes the forms of law known to the legal systems of the world and provides the author's understanding of their legal status in the Russian legal system. Also, it names the factors on which the structure of the forms of law depend in the legal systemin question. All the existing forms of law in relation to the modern legal system of Russia are classified as one of three groups: 1) forms of law formally recognized by the State (a legal custom, a normative legal act, a normative contract); 2) forms of law that are not formally recognized by the State (religious norms, legal doctrine, individual legal acts, individual contractual acts, legal consciousness, legal culture); 3) forms of law the legal status of which is not formally defined, and is ambiguously perceived by an academic community and practitioners (legal precedent, legal practice, acts of interpretation of law, general principles and norms of International Law). The existing limitation of formally recognized forms of law is explained by long-term prevalence of the doctrine of positivism in the domestic jurisprudence that was harmoniously combined with the Marxist-Leninist theory of law. In turn, prevalence and a privileged position of the normative-legal act has inevitably led to "governmentalization of law" [ogosudarstvlenie prava]. With the consolidation of democratic foundations in the society and the State, it is possible and even appropriate for the State to expand formally recognized sources of law that are adopted by various actors, including non-State actors. The paper specifies some conditions under which the increase in number of forms of law of the RF is permissible and justifiable.