General Theory Of Law Research Articles

Characteristics of Principles of Law as Legal Regulators

Introduction. The question of understanding the principles of law is constantly being raised both in branch legal sciences and in the general theory of law. Popular in legal doctrine is the thesis that they are common, fundamental ideas. However, with this approach, the possibility of their perception as regulators of legal relations is lost. Ne­vertheless, law enforcement practice refers to them precisely in this capacity; on the basis of their application, specific cases are considered and judicial acts are issued. The judgment that ideas rule the world is devoid of applied content; there is no speci­fic implementation mechanism behind it. The above allows us to generate a judgment: the understanding of the principles of law as legal regulators has not lost its relevance at the moment, which led to the choice of the author of this problem as the subject of his scientific research. Research Мethods. Based on the general dialectical method of cognition, using general theoretical methods (analysis, synthesis, deduction, induction, logical, systemic) and private scientific methods (formal logical, legal analysis, historical), the author investigated the genesis of ideas about the principles of rights as regulators of legal relations and revealed their content and basic functional properties. Results. In this article, the author, based on an analysis of the points of view of many representatives of legal science, came to the conclusion that the doctrine not only lacks uniformity in the understanding of the principle of law (there is no need for it), but also research into the characteristics of the principle of law as a regulator of legal relations is at the initial stage of its formation. Discussion and Сonclusion. The thesis is substantiated by refusing to formulate a universal definition of the “principle of law”. A system of essential features of the principle of law is offered to the attention of readers, revealing the content of this legal phenomenon.

Актуальные проблемы правового регулирования среднего профессионального юридического образования и пути их решения

Purpose. In the sphere of legal regulation of secondary professional legal education in Russia, there are a number of problems, which should include: problems of limited scope of application of specialists with secondary professional legal education; problems determined by contradictions between the federal state educational standards of secondary professional legal education and the Unified Qualification Directory of positions of managers, specialists and other employees ; problems of simplification of educational methodological literature for secondary professional legal education problems of the demonstration exam. Methodology: the article uses methods of dialectics, comparative jurisprudence, general theory of law and private scientific methods of educational law. Conclusions. The legal regulation of secondary professional legal education needs to be improved by solving existing problems. To do this, it is necessary to eliminate contradictions between normative legal acts, expand the scope of application of the work of specialists with secondary professional legal education, abandon the simplified presentation of normative legal material in the educational and methodological literature, correct the work programs of academic disciplines in accordance with the requirements of the demonstration exam. Scientific and practical significance. The article is aimed at optimizing both the science of educational law and social security law, and the practice of law enforcement in the implementation of federal state standards of secondary vocational education.

Ending 1990s Law and Development Ideas, Paradox of Path Dependence In Economic Planning Institutions Under Covid-19: SA’s Response

Abstract This paper argues that the COVID-19 pandemic can and should be understood as a form of creative destruction (Schumpeter’s gale), at a hyper level owing to its biological/medical dimension. Therefore, the critical response to such a hyper force is to rethink how institutions administer Public Policy in South Africa (Path Dependency), most importantly economic development planning institutions and Covid-19 responses, in the form of ‘The Economic Reconstruction and Recovery Plan’. It’s the contention of this paper that the reason why Covid-19 continues to impact the South African government’s economic planning ethos is anchored in its developmental orientation, particularly how constitutional legalism has impaired economic development planning. This could impart be due to the unaddressed influences of the initial waves of Law and Development post-1994. The South African experience with the initial waves of Law and Development were muted owing to the problematic nature of the 1994 transition which sought peace at all costs without necessary addressing substantive economic development reform considerations. Therefore, using the policy experiences of Covid-19 and Lee’s, General Theory of Law and Development, particularly the aspects of Development and State Capacity and Political Will, a revision of the South African Constitution will be called on, principally chapter’s 2 and 6 (Bill of Rights) and (Province).

On the Issue of the Legal Expediency of "Automatic Sanctions" in the Russian Legal System

The subject of the study is a critical analysis of the “theory of automatic sanctions,” which is based on the patterns of formulation and functioning of sanctions developed in the general theory of law. The study aims to determine, based on the analysis of, the patterns of formulation and functioning of sanctions as an element of the rule of law in the Russian legal system by analyzing the signs of automatic sanctions set out in these works. Also, the subject of the study is the patterns of application of sanctions in the Russian legal system, knowledge of which will allow us to draw conclusions about the advisability of the existence of “automatic sanctions” in the Russian legal system. The research methods are analysis, synthesis, induction, deduction, abstraction, generalization, modeling formal legal approach, and a variety of these methods as legal analysis. Analysis of the nature of “sanctions” shows that they are aimed primarily at protecting the existing legal order by bringing the person who violated the disposition of the legal norm to legal liability and by applying other protective measures to restore the violated legal order. The effective application of sanctions involves establishing the following circumstances: who committed this unlawful act, whether the person is guilty of committing an offense, if sanctions provide responsibility for its commission; what measures of protection can be applied in this case to a person who has violated the legal order set out in the disposition of the legal norm, whether in this case there are circumstances excluding the wrongfulness of the act, or other circumstances excluding the application of these sanctions. All this requires implementing a law enforcement process, which makes the existence of such a phenomenon as automatic sanctions inappropriate.

Pašukanis on Ideology and the Juridical (A Note on The General Theory of Law and Marxism)

Pašukanis on Ideology and the Juridical (A Note on The General Theory of Law and Marxism)

Legal Regulators of Legal Relations in a Multipolar World

The modern period is characterized by the emergence of a new reality — a multipolar world. The article analyzes the controversial issues of legal relations and their legal regulators from the standpoint of legal positivism and integrative legal understanding. The work uses general scientific methodology — philosophy, formal logic, and systems theory and computer science. The general scientific conclusions of Aristotle, Hegel, Wiener, Marx and Engels, as well as the positions of recognized Russian specialists in the general theory of law, N. G. Alexandrov and A. S. Pigolkin, are investigated and taken into account. Conclusions: 1) legal relations are a type of public relations characterized by general and special (essential) features; 2) legal relations (“content obtained from the outside world”) are primary, and legal regulators (according to N. Wiener, “measures of organization”) of legal relations are secondary; 3) in accordance with a scientifically based type the concepts of integrative legal understanding legal regulators of legal relations are primarily the principles and norms of law contained in a unified, multilevel and developing system of forms of national and international law; 4) the highest level (according to G. According to Hegel, “the stage of emanation”) of modern international law, the author recognized international treaties developed in accordance with the general (fundamental) principles of law, based on the consensus of subjects of international legal relations sharing the paradigm of a multipolar world.

Protection of Citizens' Electoral Rights: The Problem of the Proportionality of Criminal Sanctions

This article is a criminal law axiological study of the protection of electoral rights of citizens of the Russian Federation in modern conditions. The object and subject of research were determined on the basis of the analysis of current Russian legislation. The immediate object of the study are the Articles of the Criminal Code of the Russian Federation determining liability for obstructing the exercise of electoral rights or the work of electoral commissions; for violating the procedure of financing a candidate’s electoral campaign, electoral union, work of an initiative group conducting a referendum, or another group of referendum participants; for falsifying electoral documentation, documentation of a referendum, documentation of an All-Russian vote; for falsifying the vote’s results; for unlawful provision and obtaining of an electoral bulletin, bulletin for voting at a referendum, bulletin for an All-Russian vote. The main methodological instrument of the study is the «protection index» introduced into scientific discourse by representatives of the Ural Law School. In recent years the «protection index» has become widespread both in the general theory of law and in different branches of law, including criminal law. The use of this index lies behind an attempt to show the proportionality of sanctions for crimes against the electoral rights of citizens. The current article determines the methodology of the study, its goals and tasks. The authors suggest supplementing the existing methods with a new electoral protection index, which will allow them to better present the specific features of the subject under research. The diversity of criminal law sanctions for electoral crimes makes the research objectives considerably harder to achieve, but, at the same time, renders them more relevant and valuable from the practical viewpoint because the proportionality of sanctions is a problem not only of the theory of criminal law, but also the practice of determining punishments in criminal cases. Besides, the criminal law norm sanction is viewed not only as an element of the law norm, but also as a part of the criminal law regulation mechanism. The suggested method makes it possible to illustrate the proportionality of the sanctions for electoral crimes in criminal law norms and to formulate suggestions on improving the current legislation.

The Concept of a «Principle» in Constitutional Law

In the doctrine of constitutional law, there are various approaches to understanding and defining the concept of a «principle of constitutional law». The paper examines the positions and conceptual standings at various stages of the development of domestic legal science (general theory of law and constitutional law), elucidating the features of the principles of law and constitutional law. The author concludes that the understanding of the principle is based on various ideological approaches. This approach is especially clearly manifested in the Soviet theory of law, where principles are defined as principles predetermined by the economic system (formation). At the same time, there is a tendency in Soviet theory to objectify principles. The modern science of constitutional law provides for a variety of points of view and approaches aimed at revealing the nature, legal characteristics, purpose and practical role of the principles of constitutional law. The paper substantiates the special purpose of the constitutional principles. They are not rules of law in the classical sense. The principles of constitutional law, being an independent type of regulatory prescriptions, play the most significant role in regulating relations. They determine the content of constitutional and effective law as a whole. The legal quality of constitutional principles consists in a high degree of generalization of the theory and practice of public relations. The principles of constitutional law possess the quality of objectivity. They reflect the prevailing view expressed in the Constitution of the Russian Federation about the proper legal impact. Constitutional principles represent a concentrated expression («driving ideas») of the development of public relations.

Why Pashukanis was right: Abstraction and form in The General Theory of Law and Marxism

The area of Marxism and law has long been considered marginalised. However, hand in hand with the renaissance of Marxist theory in recent decades, neglect has finally been put to rest. As Marxists increasingly explore the connections between rights, law, democracy and capitalism, one text in particular has taken centre stage: The General Theory of Law and Marxism, published by E. B. Pashukanis in 1924. This article seeks to make three contributions to the field of Marxism and law. First, by proposing that Pashukanis’s polemic is best understood as a critique of a spectrum between formalism and instrumentalism, containing both differences and similarities, it rectifies the way in which these concepts most often either have been discussed at a too general level or been defined too narrowly. Second, by addressing the conceptions of abstraction and form in the General Theory, it reconstructs the concept of the legal form according to the spirit of Pashukanis’s thought to supersede the limits of the formalism–instrumentalism spectrum, despite the unevenness found in the letter of his text. Third, regarding the reconstruction of the concept of the legal form, it demonstrates how objections against Pashukanis’s focus on the sphere of circulation at the cost of production, his exclusion of inequalities of race and gender, and his structuralist, consequentialist or instrumentalist biases, which reduces the space for agency, processes and the relative autonomy of politics, ideology and law, can be reconsidered and challenged.

Theoretical Approaches in Russia to Understanding the Legal Nature of Legal Relations in the XIX – early XX Centuries: Historical and Legal Aspects

Relevance. As is known, legal relations play a significant role in law enforcement, legal protection, satisfaction of the vital interests of individuals and legal entities. The study of legal relations, the elucidation of their legal essence, role and place in the system of legal means remains an urgent problem in legal science, despite the long historical development of the doctrine of legal relations in the general theory of law and civil law. In modern jurisprudence, many researchers consider the concept of "legal relationship" as: public relations regulated by the rule of law; legal form of public (actual) relationship; the unity of the legal form and material content. The author of the article set the task to analyze in the historical and legal aspect the scientific views of Russian scientists on legal relations in the 19th early 20th centuries. in order to form their position on the designated topic.The purpose of the study: to find out in the historical and legal aspect the scientific views of Russian scientists of the 19th early 20th centuries. about legal relations, their subjective and object compositions, content.Research objectives: to identify the legal approaches of domestic researchers of law of the specified period to understanding the legal nature, subjects, objects and content of legal relations.Methodology. In the course of the study of the designated topic, such general scientific and private scientific research methods as historical-legal, logical, formal-legal, system-structural and comparative-legal methods were used.Results. Based on the analysis of the theoretical conclusions of well-known pre-revolutionary lawyers, it was revealed that a significant part of legal researchers considered legal relations as actual relations regulated by the norms of objective law, and the elements of legal relations are subjects, objects, legal rights and corresponding duties. It has been established that there are legal relations as ideal legal models of behavior of subjects of law, and specific legal relations that arise on the basis of legal facts with the participation of specific interested subjects of law, endowed with subjective rights and legal obligations regarding certain objects rights.Conclusions. Legal relations are social relations settled on the basis of the norms and principles of Russian law, reflecting the unity of the legal form and legal and factual content, with the participation of individuals and legal entities, public legal entities.

About the law-creating power of jurisprudence. New dimensions, new meanings

The present study takes up in its analysis an older concern. The “force” of jurisprudence to create law – whether formally recognised or not – is still a theme of scientific interest, especially from the perspective of the original meaning and substance of the notion of jurisprudence, and less from that which sees jurisprudence as a sum of solutions, an inventory of court practice, an indicator in a report with statistical content.
 We are confident of the usefulness of our approach, based on a legal reality that needs to be constantly diagnosed, the study comes as an "update" of a documentation exercise that we carried out a decade and more ago, a context in which the concern for placing jurisprudence in the general picture of the sources that inspire law needed to be verified in a necessary relationship with the exercise of power, the quality of the act of justice being an important parameter for realistically measuring the state’s chances of being a state where law reigns.
 Thus (briefly) reiterating some of the issues raised at the time[1], keeping the treatment established by the general theory of law and circumscribed to our legal reality, the study captures, in a sum of reflections, the recent line of thought on the question of whether jurisprudence, always called upon to keep up with the times, has or does not have the power to create law.
 [1] On the issue, S. Ionescu, La jurisprudence – source de droit, in the Annals of the Faculty of Legal Sciences – French edition, no. 2/2004, Bibliotheca Publ.-house, Târgoviște, ISSN 1584-4056; S. Ionescu, The Significance of the Jurisprudence and the Authority of the Justice and the Great Doctrines regarding the Rule of Law, in Studii de Drept Românesc, Year 21 (54), Nr. 1, 2009;

Scientific studies of the sociological concept of law in the USA in Ukrainian jurisprudence and their source base

The article analyzes scientific studies of the sociological concept of law in the USA in Ukrainian jurisprudence and characterizes their source base. It is shown that historiographical sources unite the scientific directions of such legal sciences as the philosophy of law, the general theory of law and the state, the sociology of law, the history of law and the state, the history of political and legal studies.
 It is noted that in the Ukrainian historiography of the sociological concept of law in the USA in the 20th century. the process of determining its place and role in the history of world legal thought by comparing it with other concepts (primarily positivist) continues. It has been established that an important component of Ukrainian historiography is the sociological concept of law in the USA in the 20th century. a research methodology was developed and tested, including knowledge of the sociological approach, historical-conceptual and other research methods. It is emphasized that the Ukrainian historiography of the sociological concept in US jurisprudence of the 20th century. actualizes its research within the framework of the development of integrative legal understanding, socialization and anthropologising of law, as well as the concrete- historical conditions of the development of law in Ukraine, related to globalization and European integration processes. It has been established that the modern stage in the development of the historiography of the sociological concept of law in US jurisprudence of the 20th century. differs from previous ones in the appearance of special scientific studies (primarily dissertations), based on which the source base is expanded (at the expense of new English-language and translated literature), new approaches to the history of ideas in general and legal ideas in particular, the basic principles of conceptual approaches, conceptual apparatus and applied nature. It is summarized that new studies of the history of the sociological concept of law in the USA in the 20th century, including ours, aim to complete a certain stage of the historiographical process on the basis of historicism, that is, to find out the specific historical circumstances and other processes: political, philosophical, social, special views of Ukrainian scientists on when and under what circumstances the sociological concept arose, what are the main stages in its development and what has it become now.

Legal Frontier in the Regulation of Cross-Border Public Relations

INTRODUCTION. When it comes to regulating cross-border relations, the rules of law of a given state, foreign national laws and international legal norms are/may all be applicable. In their entirety, these norms form a sort of buffer zone between existing legal systems, i.e. create a legal phenomenon that can be called a legal frontier. It is within the framework of this frontier that numerous legal phenomena occur, with the very concept of their existence in recent years being either challenged or blatantly denied.MATERIALS AND METHODS. The provisions of international treaties, the national legislation of Russia and other states, as well as numerous works of Russian and foreign researchers were used as materials for this study. The study relies on the general scientific and special methods as its methodological foundation.RESEARCH RESULTS. The study found that foreign laws do not coincide, applying them to regulate crossborder relations leads to cases where relations of the same category are managed differently even within a single state. All known sources of law serve as the generators of norms that govern cross-border relations, which is not the case for either domestic or international interstate relations. Additionally, new sources of international legal norms have emerged and their objective is to regulate cross-border public relations not specified in Art. 38 of the Statute of the International Court of Justice. The article states that significant changes in the theory of general international law (as well as in the general theory of law) are caused by the emergence of self-executing international legal norms designed to regulate cross-border social relations specifically.DISCUSSION AND CONCLUSIONS. The author comes to the conclusion that the emergence of self-executing international legal norms required a change in the very definition of international law, admitting the impossibility of the existence of any universal theory of the relationship between international and national law, as well as specifying the nature of the object and subject of an international treaty. The use of self-executing international legal norms as regulators of crossborder public relations does not transform these relations into international interstate relations and does not turn their subjects into subjects of international law. These relations remain as cross-border relations, and their subjects have an exclusively cross-border legal standing, regardless of which legal system norm was responsible for regulating them.

Some Features of the Criminal Procedural Status of a Witness

The relevance of the topic is due to the fact that the problems of the procedural position of a witness today need some addition and adjustment, while this particular issue requires special attention in connection with the expansion of the information space and the simplification of access to information contained in the materials of the criminal case of all participants in criminal proceedings. The question of the participation of a lawyer in criminal proceedings in order to provide qualified legal assistance to a witness remains important. In particular, the procedure for involving a lawyer in a criminal case has not been established, his procedural status has not been clearly regulated, and the issue of the possibility and limits of participation of a lawyer in investigative actions conducted with a witness has not been resolved. The purpose of the study is to analyze the legal problems related to the realization by the witness of his rights, the performance of his duties. The article deals with problematic issues related to the procedural status of a witness, analyzes the relevant norms of domestic criminal procedure legislation and the legislation of a number of foreign countries. The methodological basis of the work was the position of the general scientific dialectical method of cognition and the general theory of law, which made it possible to reveal the essence and features of the procedural status of a witness in pretrial criminal proceedings. The work widely uses the comparative legal method, which made it possible to identify the relationship between domestic and foreign legislation in the field of witness immunity. As a result, the following conclusions were made. It seems that it is necessary to provide a witness who has not formally received the status of a suspect or accused with qualified legal assistance on a mandatory basis, in order to protect his legal rights and interests. In addition, part 3 of Art. 56 of the Criminal Procedure Code of the Russian Federation, supplementing it with a ban on taking evidence from all persons who, by virtue of their official duties, are its bearers and must keep it.

Consistency of the Actual Prerequisites for the Movement of Law as a New Direction in the Development of the Theory of Legal Facts

Relevance. The theory of legal facts, despite the rather long period of its formation and subsequent development, is currently not fully developed and requires constant attention from representatives of both the general theory of law and individual legal branches. Recently, the idea of the possibility of constructing various sets of legal facts based on a systematic approach has appeared and attracts increasing attention, which can have a positive impact on the process of forming a system of law. The concept of “large actual system” was introduced, but up to the present time it remains in the state of a general idea (concept).The purpose is to substantiate the system of views regarding the consistency of the actual prerequisites as a promising direction in the development of the theory of legal facts.Objectives are to approach; identify the goals of the formation of large actual systems; identify similarities and differences between actual compositions and actual systems as varieties of actual associations; substantiate the need for further development of the property of the systematic nature of legal facts.Methodology. The study was conducted using the dialectical method of scientific knowledge, as well as methods of analysis, comparison, formal logical methods.Results. The results of the study are essential in relation to the further development and improvement of the theory of legal facts as a system of ideas regarding the actual basis of legal regulation.Conclusion. The actual compositions and systems are formed using the principles of the systems approach. The difference between them lies in the difference in their functional purpose. The development of the system property of factual prerequisites is a promising direction in the development of the theory of legal facts.

К вопросу о современном состоянии теоретической науки канонического права

Subject. The article analyzes the theoretical, legal, theological and philosophical aspects of canon law. Goal. Analyze the current state of the theoretical science of canon law. Method or methodology. The research is based on methods of analysis of legal sources, as well as methods of induction and deduction. Results of the work. The role of methodological principles in conducting scientific research has been determined, the scientific approaches responsible for solving the problems of church legal science have been systematized, a number of current scientific directions in this area have been detailed, and the reasons for the lack of development of the basic definitions of canon law have been established. Conclusions. The essence of law and the phenomena formed by it is difficult to comprehend in practical jurisprudence. Even the general theory of law uses for this purpose the unique achievements of other humanities: philosophy, sociology, political science, theology, history and others.

On the Question of Correlation of Criminal Procedure and Penal Enforcement Legislation

The article shows the intersectoral links of criminal procedure and penal enforcement legislation, combined at the theoretical level into a single block “legislation on combating crime”. The author examines the correlation of criminal procedure and penal enforcement legislation, continuing the research he started at the end of the last century on this issue. The issues of interaction between the Criminal Procedure Code of the Russian Federation and the Criminal Executive Code of the Russian Federation are insufficiently studied in legal science, despite the existence of fragmentary links between these codified laws. The factor uniting criminal procedure and penal enforcement legislation is a special criminal enforcement proceedings designed to resolve issues arising during the execution of punishments and other measures of criminal legal impact, and not the main criminal procedure proceedings (criminal proceedings). The purpose and objectives of the study. Identification of the legal nature of the activities regulated by Chapter 47 of the Criminal Procedure Code of the Russian Federation “Execution of sentence”, determination of the possibility and prospects of moving from the Criminal Procedure Code to the Criminal Executive Code the norms of this chapter as the legal basis of criminal executive proceedings carried out outside the criminal case. The methodological basis of the research is the provisions of the general theory of humanities, general theory of law and procedural legal branches. General scientific and private scientific research methods (logical, historical, analysis, synthesis, system-structural, formal-legal, comparative-legal, interpretation or legal interpretation of legal norms) were used in the preparation of the article. The results obtained and the main conclusions. The problem of the correlation of criminal procedure and penal enforcement law at the moment has actually transformed into the problem of choosing a branch of law, a specific codified law that should regulate the activities of the court to consider and resolve issues related to the execution of punishment. Having a criminal-executive nature and being additional to the main criminal proceedings, the criminal-executive proceedings did not receive an appropriate detailed legal regulation within the Criminal Procedure Code, which once again emphasized its specificity and autonomy in the criminal process. In the new legal realities, it makes practical sense to return to the discussion of the problem of determining its place in the penal enforcement legislation.

О некоторых проблемах использования цифровых технологий в процессе реализации прав и свобод личности

Introduction. Today, it is impossible to imagine modern society without digital technologies. The introduction of such technologies has also affected the sphere of law, in which digitalization has become the formative legal basis of society. The relevance of thisresearch topic is expressed in the need to identify the main problems of using digital technologies in the process of realizing individual rights and freedoms. Materials and Methods. Based on a critical analysis of the provisions of legislation and various points of view that have developed in the general theory of law and branch sciences, the problems of using digital technologies in the process of realizing individual rights and freedoms have been identified. When writing this article, such general scientific methods as analysis, synthesis, abstraction method and modeling were also used. Analysis. The author highlights such problems as possible discrimination based on digital data about citizens, voluntary use of digital technologies by citizens when interacting with the state. The problem of possible violations of human rights on the Internet when using digital services is revealed. It is indicated that the state must constantly develop technologies that prevent the violation of citizens’ rights in the digital space. The issue of digital competence, skills necessary for the use of electronic administrative services by both citizens themselves and civil servants, employees of organizations that use appropriate technologies in their activities is another problem that needs to be solved. There is a need for new educational technologies and specialties that allow you to form skills for the implementation of individual rights on the Internet. The problem of a theoretical nature is the lack of a unified approach to the definition of basic terms and concepts in the legislation. The opinion is expressed that the regulation of any public relations begins precisely with the development of a single conceptual framework. The author raises the issues of the lack of uniformity of norms in the regulation of procedures for the implementation of citizens’ rights and freedoms using digital technologies and the need to adopt the Digital Code of the Russian Federation. Results. Based on the results of the conducted research, it can be concluded that there is a global need to regulate the legal realization process through the use of digital technologies.

신제도경제학과 법개발학

‘신제도경제학’은 제도와 경제 간의 관계를 연구하는 분야이다. 따라서 법이 경제발전에 미치는 영향도 제도경제학의 분석 범위에 들어간다고 볼 수 있다. 이와 관련하여 법이 경제와 사회발전에 미치는 영향에 관해 연구하는 ‘법개발학’(law and development)에 관한 이해가 요구되는 바, 본 논문은 법이 경제와 사회발전에 영향을 미치는 구체적인 메커니즘을 설명하는 ‘법개발학의 일반이론’(General Theory of Law and Development)을 소개하고. 이와 관련하여 ‘경제개발의 신일반이론’(New General Theory of Economic Development)에 관해서도 간략히 소개한다.

Economic Sovereignty in the Context of Modern Economic Models

The paper is devoted to the problem of sovereignty. In its original meaning, this word denoted the property of power. After a certain time, they started to interpreted sovereignty more as an element of the state. This approach has developed in the general theory of law and the state and in political studies in general. Sovereignty is usually understood as the independence of the state in internal affairs and in connection to international relations. An attempt is made to explain the reasons for the formation and development of the so-called concept of «limited sovereignty». The deep grounds of criticism of the national state as an independent political player as a product of the «Westphalian system», allegedly outdated in the modern period, are revealed. The illustration of different approaches to the problem of sovereignty is linked to the contradictory processes of globalization-deglobalization, which have become obvious. The paper focuses on the political, legal, and mainly economic component of sovereignty. The degree of political independence of the state is shown, which is largely determined by the economic potential of the country. A narrow understanding of economic sovereignty is criticized, which is often reduced exclusively to the problem of import substitution. The paper proves that economic sovereignty is predetermined by the economic model that the state chooses for itself. In turn, economic models are understood as appropriate economic goal-setting, and not just a dilemma: the market vs. a plan. Thus, some states prefer to produce the maximum amount of goods on the domestic market, while others focus on the international «division» of labor. This factor is ultimately decisive in ensuring economic sovereignty.