Abstract
Introduction: the study of the state of legal order in various branches and institutions of Russian law is both a theoretical and an applied issue. Finding a solution to this issue affects the efficiency of organizing legal regulation of civic relations. The categories of legal policy and legal order are of key importance in this regard. They are not only mutually dependent, but also necessary for understanding the ways to improve the efficiency of civic oversight of the penitentiary system. Methods: we use dogmatic and legal analysis of scientific theoretical and legal concepts and formal and legal analysis of the current legislation. Results: legal order stems from the implementation of legal policy of the state in the system of legal norms, procedures for their implementation and results of their fulfillment. The use of philosophical categories such as “form” and “content” allows us to identify characteristic features of legal policy as a scientific concept. We prove that it is advisable to distinguish legal policy forms depending on the stages of regulation rather than on the types of legal activity. The stage of rational law-forming process corresponds to the “non-normative” form of legal policy, which consists in the adoption of various concepts and strategies for development; law-making as a stage at which the rule of law is established launches the mechanism for its general application and is accompanied by the “normative” form; the implementation of norms is seen as a final stage of regulation, which is characterized by the presence of casual legal policy. The content of legal policy constitutes a unity of goals, means and principles of activity. Discussion: we focus mainly on analyzing the content of normative legal policy in the sphere of civic oversight of the activities of Russia’s penal system. Content-related specifics of this form of legal policy are determined by the features of the subject and method of regulation and are viewed as principles that are not directly enacted in the legislation, but follow from its “spirit” and meaning. These principles allow us to form an objective view of the content of legal order. Key words: legal policy; legal order; civic oversight; penal system of the Russian Federation; non-governmental monitoring commissions.
Highlights
Studying legal order in various areas of legal regulation is of great theoretical and applied importance
In understanding legal policy it is important to proceed from the following features: first, legal policy can be considered a separate type of state policy; second, legal policy is based on, and at the same time determines, legal regulation; third, legal policy reflects the ideals and values that serve as a reference point for the creation of legal norms; fourth, the existing norms serve as an embodiment of legal policy
In order to form a comprehensive understanding of how legal policy and legal order are interrelated, it is necessary to consider the specifics of the form and content of legal policy
Summary
Studying legal order in various areas of legal regulation is of great theoretical and applied importance. In understanding legal policy it is important to proceed from the following features: first, legal policy can be considered a separate type of state policy; second, legal policy is based on, and at the same time determines, legal regulation; third, legal policy reflects the ideals and values that serve as a reference point for the creation of legal norms; fourth, the existing norms serve as an embodiment of legal policy Based on these most general characteristics, we put forward the following definition: legal policy is a policy that the state implements in the field of planning, organizing and implementing legal regulation through program-ideological, regulatory and individual legal prescriptions. Speaking about the essence of legal order, we think that it should be seen as a multidimensional phenomenon, which characterizes the system of legal norms (public legal order), their implementation (legal procedure, i.e. the legal order of interaction between subjects) and the results of their actions, which have both social and legal nature
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
