Values in the moral dimension of law: the dispute with A.V. Polyakov in the works of P.P. Serkov. View of the Petersburg school

Abstract

The article presents a general characterization of three monographs by professor Peter Pavlovich Serkov — “Legal relationship (Morality of modern legal regulation)”, “Legal relationship (Theory and practice of modern legal policy). Part one: legal doctrine and measures of legal policy” and “Legal relationship (Theory and practice of modern legal policy). Part Two: Generalization of legal experiences of ascent to human, society and state” — and the analysis of some key provisions of the first of these monographs is presented, taking into account the polemics with the Petersburg school of philosophy of law, represented by A. V. Polyakov’s communicative approach to law, which is expressed on the pages of these monographs. The authors emphasize that the problem of the correlation between law and morality is a key problem of both legal theory and legal practice. This issue is particularly relevant in light of the goals and objectives defined by the Fundamentals of State Policy on Preservation and Strengthening of Traditional Russian Spiritual and Moral Values, approved by Presidential Decree No. 809 of 09.11.2022. Moral and ethical values should be taken into account in the processes of creating legal rules, applying legal rules, interpreting the law precisely because the value aspect in the law, expressed in its moral dimension, is an integral part of the law itself or a necessary condition for its existence and functioning — this idea unites the works of both professor P. P. Serkov and professor A. V. Polyakov. And, moreover, despite the criticism targeted at A. V. Polyakov as presented in the monograph of P. P. Serkov, in view of the authors of this article, one can see more similarities between the positions of the authors than differences — this applies to the general methodology and individual provisions, relating, first of all, to the ideas about the importance of morality (morality) for the legal system, the subject of law, the principle of mutual legal recognition.