Abstract

The views of the “Silver Age” philosophers are undoubtedly of great interest to the researchers, since they reflect the confrontation between the democratic principles of the Western states ruled by the primacy of law and the first signs of the emerging socialist regime with the domination of one ideology, a single political party and an equalizing distribution. The dilemma of the philosophical approaches is observed in the works of N.A. Berdyaev, who studied both the signs of totalitarianism and the rule of law. The purpose of this research is to consider the major provisions of N.A. Berdyaev’s philosophy through the prism of the modern Russia’s political regime and the existing constitutional system in our country. Conclusions. Philosophical views of N.A. Berdyaev are still relevant nowadays. At the beginning of the last century, long before the emergence of the rule of law in our country, he precisely described the essence of natural (inalienable) human and civil rights and freedoms, coinciding with the modern concept of human rights. However, one should note that the development of communism and the emerging proletarian dictatorship caused the philosopher’s negative attitude to the institution of the state (the kingdom of Caesar), which he viewed as the institution suppressing personal freedom. We believe that his views are partially relevant for the contemporary political regime of our country, where personal freedom is limited, but this is aimed at maintaining order and preventing chaos in society. Berdyaev rightly noted that positive law is applied to maintain the order in the state; it is obvious that this function has been preserved to this day. It can be concluded that despite the predominance of the religious component in the philosophy of N.A. Berdyaev, his political and legal views are relevant today, since they develop the concept of the rule of law and the individual’s inalienable rights and freedoms.

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