The doctrine of the revival of post-Soviet Turkmen statehood by Saparmurat Niyazov

Abstract

The cultivation of traditionalism in law, based on universal human values and the history of jurisprudence, remains relevant in the post-Soviet space for almost three decades since the destruction of the unified state. At the same time, legal science does not recognize the primacy of the historical school of law, which was revived in the 90s XX century. together with other classical types of legal thinking, after the rejection of the centralism of the materialist theory that prevailed in Soviet jurisprudence. The reason for the attractiveness of traditionalism lies in the inclination towards it of many continental peoples, intensified by the visible consequences of leveling the experience of national legal development in North American and European law, positioning liberal trends, which are largely inappropriate for traditional states, to which Russia belongs, formed as a result of millennial evolution. Among complex nations that have a long experience in the development of statehood and the heterogeneity of the specifics of legal culture, the concepts that fix traditional values in the legal creation as a natural source of human rights, imperatively not connected with the law, which is rational and moral, but by its nature deafened and not necessarily reflects the historical mentality of the society. One example of such concepts aimed at reviving traditional statehood and preserving the integrity of society is the doctrine contained in the twovolume work of the Turkmen statesman Saparmurat Niyazov entitled “Rukhnama”, who tried to translate it into practice. Therefore, the object of the article is public relations associated with the revival of the Turkmen statehood through the formation in the period of a national human rights standard, harmonized with the interests of a traditional society. The subject of the article is a general description, the main content and applied significance of the concept of Saparmurat Niyazov, illustrating the possibility of forming a legal state taking into account traditionalism, as well as the importance of the corresponding doctrine for the development of the legal system of Turkmenistan. The concept of national revival of the republic, formulated by Saparmurat Niyazov, became the basis for the development of a social ideology that influenced the post-Soviet formation of republican legislation, is of scientific interest for other states experiencing the expansion of liberal tendencies in law, not excluding the Russian Federation. In conditions when the international universal security system is showing stagnation, sovereign states are turning to the toolkit of international regional and national means of ensuring security. Therefore, the revenge of traditionalism is predictable, illustrated by the example of Turkmenistan. Moreover, the Russian society, as well as the Turkmen one, shows an inclination towards it, and the construction of a welfare state, declared at the constitutional level, makes it possible to reflect this trend while improving legislation.