Problems of the Sources of Law Systematisation

Abstract

Introduction . In the national legal science the concept of the sources of law multiplicity had been denied for decades. It was alleged that legislative acts are the only embodiment and the main form of the legal norms existence. The situation changed in the 90s of the twentieth century due to the crucial political and socio-economic transformations that took place in the Soviet Union, in Russia, on the former Soviet Union territory. Gradually not only legislative regulatory acts, but also authorized practice, judicial precedent, normative contract have become referred to as the sources of law. Over the past decades, the range of external forms of the legal norms expression has significantly expanded and become more complicated. One of the legal science most important objectives is classification of objects, distribution of objects (phenomena) by classes (types) depending on their characteristics. However, there are just few works focusing on the theoretical and practical issues of the sources of law classification within the post-Soviet period of the Russian legal science evolution. The aim of this study is to identify the problems in the sources of law systematisation. The relevance of this topic is determined by the theoretical and practical significance of the sources of law system, its reformation in the modern conditions. Materials and Methods. The research methodology consists of the general scientific and special juridical methods. Due to the rapidly changing attitude towards these methods among the scientific community the priority in the research was given to the contemporary sources. The conceptual statements of other authors were analysed and integrated with the own empirical experience which jointly made it possible to formulate the number of provisions. Results . One of the most important objectives of science is classification of objects, distribution of objects (phenomena) by classes (types) depending on their characteristics. It has been found that in the Russian legal science just single works are focusing on the theoretical and practical issues of the sources of law systematisation and classification. The diversity of theoretical approaches to understanding the essence of the source of law phenomenon in the legal science, the diametrical opposite of the authors’ interpretation of its meaning has accordingly led to the problems in the sources of law systematisation. It has been recognised that the problem of the sources of law classification is in the process of investigation and has not received the unified solution. Various approaches to the sources of law classification have been considered. The status of codified acts in the legislative system has been analysed. Discussion and Conclusions. The problems in the sources of law systematisation have been revealed. The difficulties are caused by the dichotomy (sources — forms) which a priori underlies the sources comprehension and presupposes distinction of the independent types under both conceptual and terminological uncertainty. The Russian sources of law system continues to develop dynamically. In the Russian legislative system the range of sources of law steadily expands, which is directly related to the process of convergence of the main legal systems, first of all the Romano-Germanic and Anglo-Saxon systems.