ON SOCIAL VALUE: INFLUENCE OF THE ROMAN RIGHT
 ON RUSSIAN CONSTITUTIONALISM

Abstract

Introduction. The article raises the problem of the influence of Roman law on Russian constitutionalism and the formation of social values based on this influence of the modern legal culture of Russia. Purpose. The author aims to assess the impact of Roman law on Russian constitutionalism and its social value. Methodology. Methods of analysis and synthesis, dialectical logic, comparative-historical and formal-legal are used. Results. The thesis is argued that the ideas and approaches of Roman law retain social value, but their application is fruitful only in harmony with the spiritual and moral foundations of the corresponding legal culture. The absolute belief in the law as a phenomenon of social planning and a tool for compromise between different parts of society, inherited from Roman law, formed the Romano-German and Anglo-Saxon worldview, but does not take root in Russian legal culture. Modern Russian constitutionalism, following the tradition of Roman law, is based on norms-principles, norms-goals and norms-symbols that perform the social function of the highest legal indicator and play an important predictive role. But misconceptions about the universalism of Roman law lead to civilizational breakdowns of peoples. In Russian constitutionalism, breaks occurred during the constitutional reforms of 1906, 1936, and 1993, which created social deformations and created legal and political preconditions for the destruction of the nation. Thus, the Constitution of the USSR 1936, first by copying the current European bourgeois electoral system, abandoned the system of multi-level congresses of Soviets, more respondents Roman and Russian traditions Council and people's Assembly. Among the important results of the study is the conclusion that the social value of Roman law in Russian constitutionalism covers the moral mission of Roman law and a high assessment of the normative value of the heritage of Roman law. Conclusion. The author concludes that Roman law has a social value for States with a traditionally communal identity as a source of effective legal structures and a model for studying; that Russian constitutionalism, which three times, in 1906, 1936 and 1993, departed from its cultural and historical traditions of organizing state management of society, again tries to build modern political and legal institutions on the basis of Roman legal dogma, while Russian legal culture excludes law from the field of sacred law. The social value of Roman law in the modern era lies in the fact that without a well-thought-out and coordinated support by the entire world community on its public-legal and private-law traditions and institutions, the evolutionary transition of mankind to the sustainable development of society is impossible.