Rule of Law in the Modern Institutional System for the Development of the State and Law in the Russian Federation

Abstract

AbstractPurpose The purpose of this research is to establish elements of a modern determinational set of negative phenomena in law-making, law enforcement, and judicial practice related to the effectiveness of compliance with legislation in the Russian Federation on the basis of a systematic analysis of factors affecting the maintenance of the rule of law. Design/Methodology/Approach The methodological basis of the research was made up of general scientific and private-scientific methods, such as historical-legal, comparative legal, systemic-structural, statistical, sociological, questionnaire and expert assessment method. Findings Today, in Russia, in the context of state-political transformations, the main functional burden on their successful implementation lies with the rule of law as the main socializing regulatory institution. The legality of the problem in law-making and enforcement is severely affected. The modern “vulnerable spot” of the state of law is the professional disorientation of the state mechanism, which entails the formation and dissemination in society of anti-legal stereotypes of behavior, the dominance of criminal structures in resolving important political and economic issues. In order to understand the essence of these problems and minimize their consequences, the authors justify the need to study the indicated problem within the concept of legal dementia. Legal dementia is a state of compliance of legal entities with the provisions of the law, which is characterized by the failure of public authorities to perform not only their functions, but also by the inability to respond to factors that weaken the effectiveness of legal guarantees due to the low level of competence and professionalism. Originality/Value The research made it possible to come to qualitatively new conclusions justifying dominance in the impact on the state of law in modern society of legal dementia. In order to improve the effectiveness of guarantees of legality, it is proposed to create a State Commission for the codification of legislation; develop and implement the concept for the Rule of Law in the Russian Federation, which provides for a set of measures aimed at the uniformity of judicial practice.KeywordsState of lawLaw-makingLaw enforcementLegal institutionsPublic administration mechanismLegal dementiaK38K42JEL ClassificationK38K42