Theoretical and methodological problems of building the russian legal system

Abstract

The relevance of interest in the problems of system analysis and the methodology of systemic knowledge of law is due to the change and expansion of the volume of the right array and the increase in the number of complexly organized objects to be analyzed as independent system objects as part of systems. Applying a systems approach to the study of such objects and to the analysis of law in general, it allows us to consider legal phenomena as part of systems, which contributes to the understanding of law as a “multifactorial legal reality”, and to study legal matter interlinked with other phenomena similar to law and features of its environment (socio-political, economic , spiritual and cultural) as an integral dynamic phenomenon, taking into account the influence of external factors on it [22, Pp. 94]. As an abstract form of review of law, the system of law serves the holistic perception of law on the basis of determining its elements, their functional properties and establishing links between them[23, Pp. 1- 6]. The purpose of this study is to use a systematic approach, system-structural and system-functional methods of cognition, to determine not only the structural elements of the legal system, their properties and functions as independent legal phenomena, but also their role and significance in a unified system of law and the nature of the links between them. In the course of the study, the following results were achieved and the following conclusions were drawn: The study of the system of law and its individual elements through the prism of the system provides not only an understanding of the internal properties and connections of law with other structural elements of the system, but also a deeper understanding of the essence of legal phenomena in the system of law as a whole and its system-forming factors. The main direction of modern legal development of the Russian system of law is the specialization of legal norms, the subject and method of legal regulation of which do not coincide, but relate to different types of legal regulation. This inconsistency with the type of legal regulation of individual legal communities of the domestic legal system causes theoretical and methodological problems in the construction of the legal system and in determining the legal regime and structural affiliation of mixed legal communities. The definition of the legal nature of the norms of law, established in legal science, within the strict sectoral division, needs to be rethought and adjusted. In particular, the basis for the systematization of legal norms, the content of which is characterized by a combination of different in nature of legal regulation of the subject and method, should be based not only on the generally recognized legal doctrine classification criteria, but other systemic factors and classification criteria determined by the specifics of relations in various spheres of public life and forms their institutionalization. The legal nature of mixed legal formations of the system of law is due to the interpenetration of private and public law principles in the system of legal regulation and will determine the features of the type and regime of legal regulation of such structural elements of the legal system.