Law-based State Research Articles

Effective justice as a law-based state feature

The article considers the concept of law-based state as a basis for justice effectiveness analysis. The necessity of researching the concept of a law-based state prior to covering the judicial system as a characteristic of a law-based state is methodologically justified. It is emphasized that for the development of Ukrainian legal science it is extremely important to investigate how exactly the effectiveness of justice is related to the extent to which Ukraine corresponds to the ideals of the law-based state, especially in the conditions of modern transformations. It is noted that a law-based state is based on the rule of law, the separation of powers, human rights and freedoms protection, and the independence of the judiciary. The theoretical and practical aspects of a law-based state functioning are considered, in particular the role of constitutionalism and legal mechanisms of control. The article emphasizes the importance of justice as a central element of a law-based state, which ensures the protection of citizens’ rights and control over the actions of state authorities. It was noted that in the context of a law-based state formation the effectiveness of justice acts as an indicator allowing to assess how successfully the ideals of the rule of law and the protection of human rights are implemented. The main criteria for evaluating the effectiveness of justice are determined, namely the independence of judges, access to justice, and fairness of decisions. The connections between effective justice and the principles of the rule of law and its role in a democratic society are covered. It is indicated that in the conditions of reforming the judicial system in Ukraine, the issue of maintaining a balance between the independence of courts and their accountability to society has not only domestic political significance, but also directly affects the international image of Ukraine and the process of European integration. It is summarized that effective justice is one of the most important indicators of a law-based state development. It ensures the protection of the rights and freedoms of citizens, contributes to the stability of society and the development of democracy. In order to achieve effective justice, it is necessary to constantly work on the legislation improving, qualifications of judges extension, and judiciary independence ensuring.

Justice as a means of ensuring of the rule of law principle implementation

The article examines the factors that determine the content and essential aspect of justice epistemology results. It was noted that in the conditions of globalization and integration processes, there is a necessity to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself acts as a key tool for the rule of law principle implementing, as it is designed to ensure the equality of all before the law, the independence of the judiciary and effective protection of rights and legitimate interests. The key historical, political, economic and European integration factors determining the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the soviet past, including distrust of the judicial system and a low legal culture. The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors increasing corruption risks are analyzed. The importance of European integration processes in reforming the judicial power is covered separately. Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the rule of law principle. The role of justice in the legal culture formation and equality before the law ensuring is also considered. Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of state authorities’ activity; formation of legal culture. It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of a law-based state, where the rule of law is the basic principle of society and the state functioning.

Justice under the Rule of Law as an Object of Knowledge of Domestic Jurisprudence

The judiciary plays an important role in a democratic, law-based state. The independent judiciary is responsible for handling cases, resolving conflicts and evaluating the compliance of laws with the constitution, and also guarantees human rights and freedoms by controlling the legality of actions of other branches of state power. And this factor determines the relevance of research. The existence and effective functioning of the judiciary and the rule of law are key aspects of any modern democracy.
 The purpose of the article is to cover justice under the rule of law as an object of knowledge in domestic jurisprudence.
 It is proposed to classify scientific sources, covering certain aspects of the administration of justice under the rule of law, into three groups.
 The first group of such sources consists of scientific papers, the subject of which is the organization and functioning of judicial authorities. The papers of this group clear up the provisions characterizing the court and justice: the organizational structure of the judicial system; appointment procedures and requirements for the qualification of judges; mechanisms of interaction with other branches of power; judicial process and guarantees of citizens' rights; effectiveness and reforms of the judicial system, etc.
 The second group of sources consists of scientific papers, the subject of research of which is the rule of law. The requirements of the rule of law to a large extent concern the judiciary and fair justice determining the isolation of this group of sources.
 Researches in this field help to understand how the rule of law affects judiciary, the role of the judicial system in providing it, and how this principle contributes to stability, justice, and abidance by law in society.
 The third group of sources consists of scientific papers, the subject of study of which is the determination of directions for improving the activities of the judiciary under the rule of law. These studies can serve as a basis for developing strategies for reforms and improvements in the judicial system with the aim of bringing it closer to high standards of the rule of law and meeting the exigencies of society.
 It is summarized that numerous scientific studies of the problems of the judiciary and the rule of law lay a solid foundation for the further development of the relevant provisions in order to strengthen the effectiveness of the judiciary. However, the indicated problems require systematic study, taking into account the need to improve social standards.

The Principles of Good Legislation Forming: A Critical Review

This study aims to examine and analyze the fundamentality of the principles of good legislation forming. This study uses normative legal research with historical, conceptual, and statute approaches. The collection of legal materials is carried out using a literature study technique. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the principles of law are the spirit or soul of the law. The law will exist and grow in society, only and if the law is rooted in the principles of law. Meanwhile, legislation means written regulations containing generally binding legal norms. So that the principles of good legislation forming are principles of law that provide guidelines and guidance for formulating the contents of regulations. Therefore, it is recommended for legal academics to have a construction of thought based on the principles of law. In addition, the Government must ensure every legal academic’s competence when making academic manuscripts of draft legislation. In this case, the law-based state must achieve social justice for Indonesia’s people.

Access to legal education in the countries with the common system of law

Today, education is undoubtedly regarded as one of the most significant fields of social, economic, spiritual, and cultural progress of society. The development of democracy in Ukraine is inextricably related to the further improvement and reformation of the system of education, including the legal one. What is more, our country’s orientation to the formation of a law-based state, its compliance with international standards, as well as its desire to join the European Union only strengthen the necessity to elaborate the national standards of legal education, particularly in the sphere of satisfying the demands of consumers of educational services.
 More and more emphasis has been laid lately on the normative-legal regulation of higher education, including the legal one. It mostly concerns the conditions of obtaining an education, educational standards, tuition fees, and responsibility of students and educational institutions. However, the issue of normative-legal regulation of educational, social, and economic conditions of access to legal education in different countries remains most significant in this respect. 
 The article under studies determines various factors that promote equal access to legal education in the countries with the legislatively enshrined common system of law (Canada and the USA). For example, the basic peculiarity of American legal education lies in the fact that students cannot be awarded a degree in the field of jurisprudence if they choose law as their first higher education. This means that entering any college of law is impossible immediately after graduation from a high school. Only applicants, who have already obtained at least a bachelor’s degree in some other specialties, can enter. In Great Britain, only individual educational institutions may determine the conditions for applicants’ admission. Nevertheless, the admission to law colleges is possible on the basis of general secondary education.
 Borrowing or adopting international experience within the issue of access to legal education may ensure the enhancement of qualified training of prospective lawyers in Ukraine.

ДИСКРЕЦІЙНІ ПОВНОВАЖЕННЯ АДМІНІСТРАТИВНИХ СУДІВ У СФЕРІ ЗАХИСТУ ПРАВ ЛЮДИНИ І ГРОМАДЯНИНА

The article considers the category of discretionary powers of administrative courts. It is noted that human rights and freedoms and their guarantees determine the content and orientation of the activities of our state, the Constitution of Ukraine not only declares the idea that a person is the highest social value of society, but emphasizes that the activities of the state guarantee protection and are aimed at the realization of its legal rights, freedoms and interests. It is stated that ensuring guarantees of man and citizen rights in relations with public administration bodies is the responsibility of any law-based state, and Ukraine is no exception. The above-mentioned necessitated the creation of administrative justice in our state, which, on the one hand, protects the rights of a person and a citizen, and on the other hand, with the help of a single judicial practice, ensures the legality of the activities of public authorities. Administrative justice is the most important procedural and legal instrument in the field of full protection of constitutional rights, freedoms and legitimate interests of man and a citizen. Methodology: The methodological basis for the article are general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal and logical, normative and dogmatic, sociological methods. The results of the study: in order to resolve the issue of legislative consolidation of the concept of "discretionary powers of the administrative court", the proposal in part 1 of Art. 4 of the CAS of Ukraine "Definition of terms" a separate paragraph defines the concept of the following content: "discretionary powers of the administrative court – the rights and powers of the administrative court (first, appellate, cassation instances, Grand Chamber of the Supreme Court) granted to it by the state, enshrined in the provisions of the articles of the CAS of Ukraine, which enable the administrative court to freely act considering and deciding an administrative case, to choose between two or more legal alternatives to that, which in its opinion is more appropriate (more reasonable)".

Reflections on the COVID-19 Restrictions in Belgium and the Rule of Law

The paper examines the legality and legitimacy of Belgium’s COVID-19-related restrictions in light of national and international guidelines. Its discussion proceeds from the most vital characteristic of any law-based state: the government being subject to standards of substantive and procedural legality, even during a pandemic. After this, the effect of the crisis on the Belgian Rechtsstaat is examined, with special emphasis on the functioning of the separation of powers and on the unprecedented predominance of the executive power, alongside the legal basis for the latter’s actions. The author concludes that the Belgian measures against the virus’s spread have failed to meet the cumulative requirements of the rule-of-law test. Discussion then turns to the possibly huge ramifications for some wider debates in the field of philosophy of law, both for classic topoi ( such as law and morality or utilitarianism) and for contemporary current debates such as constitutionalism, sovereignty, and juristocracy. In its concluding remarks, the paper raises issues of the unspoken social contract between the people and the state: will the restrictions amid the pandemic go down in history as a singular, unique event or, instead, as a step on the slippery slope toward permanent crisis management in the name of a new sanitary order?

Genesis and evolution of establishment of a law-based state: the anthropological approach

Introduction. At the end of the twentieth century, globalization of the economy took place: mass migration, introduction of innovations in transport and communication technologies, growth of international finance, etc. This led to critical tension in a variety of spheres: social, economic, political. The purpose of the paper is to study the features of the theories of the right state. The theoretical and methodological basis of the study are modern theories, concepts, hypotheses. Comparative and anthropological analysis is used. The methodological and information basis of the work are scientific works, materials of periodicals, information resources. Results. It is proved that it was the globalization of the world economy significantly influenced the change of theoretical approaches to the definition of a rule of law. The development of legal pluralism in the system of Anglo-American law school is analyzed. The world trends in the complexity of realization of legal pluralism are determined: re-nationalization of the noosphere, changing domains of the right registration of migration and global trade. The peculiarities of the introduction of legal documents-donors and recipient states are considered. Globalization processes require a creative search of asymmetric bonds, which lead to the creation of a social phenomenon – the law. The policy of global legal pluralism shows the deep involvement of neo-liberal legal projects of all actors. Conclusion. The epistemological understanding of the analytical concept of legal pluralism is that any form of legal configuration affects or confuses statehood, regardless of whether this manifestation of cooperation, neglect, merger. The perception of global legal pluralism restored the meaning of the state in the present fragmented and dependent form in complex multiple social systems.

Freedom of expression and reputation protection in the European Court of Human Rights practice.

The article is devoted to the issue of understanding freedom of expression and reputation protection by the European Court of Human Rights. New opportunities to exercise the right to freedom of expression arise and opportunities to implement the right to freedom of expression as well as the possibilities for defamation increase within a democratic and information society. It is emphasized that within a law-based state guarantees provided to the press are of particular importance, as the media should disseminate information and ideas of public interest, and the public has the right to receive such information and ideas. A clear understanding of the content of the right to freedom of expression and the right to reputation protection is the basis for resolving the issue of finding a balance between them, which designates the relevance of the study. The paper elucidates the results of the European Court of Human Rights decisions analysis under Articles 8 and 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to privacy and the right to freedom of expression). Emphasis is placed on the various features of these rights and the peculiarities of their implementation in different circumstances. It is pointed out that the domestic judicial system actively uses the European Court of Human Rights practice in resolving cases related to reputation protection. Attention is placed on the fact that freedom of expression does not extend to hate speech. The spread of the right to reputation protection as for defamation of family members and relatives is analyzed. Emphasis is placed on the dynamic approach of the European Court of Human Rights towards the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms. Even before the beginning of 2000, the European Court of Human Rights noted that the protection of reputation does not fall under the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study describes the genesis of the positions of the European Court of Human Rights on a person’s reputation protection. It is stated that a person’s right to protection of his or her reputation is covered by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as part of the right to respect for private life (provided that causing considerable damage to reputation if it affects a person’s private life).

The Problem of Legal Consciousness as a Source of Law in the Conditions of the Formation of a Law-based State and Civil Society

The Problem of Legal Consciousness as a Source of Law in the Conditions of the Formation of a Law-based State and Civil Society

Philosophy of law in the process of reforming the legal system of Ukraine: theory and practice

The research aims at developing the concept of a new perception and content of philosophy of law which should be based on thephilosophies of the relevant fields of law and integrate the main directions of further evolution of the legal system into a single harmonizedmodel in order to protect rights and interests of the individual and the citizen. Theoretical basis comprises modern concepts of scholars inthe field of philosophy of law, whose typical and original ideas have been selected and analyzed. Also, the paper constructively and criticallyanalyzes their correspondence to contemporary problems of the legal system of Ukraine. The authors identify a new function of philosophyof law – defining the purpose and systematic direction of reforming the legal system of Ukraine, as well as the ways to achieve the goalthrough improving the activities of law enforcement and human rights bodies. Current tendencies in the development of the legal system ofUkraine are based on the solution of various tactical tasks, in particular, in the sphere of economy, health care, social security, the judicialsystem; however, the strategic goal of its reforming – the self-sufficient state of Ukraine – has not been set. This very goal should set prioritiesin the development of the legal system of Ukraine as a sovereign, independent, democratic, social, law-based state. At the same time, thepreamble to the Constitution of Ukraine stipulates the irreversibility of the European and Euro-Atlantic course of Ukraine, which will haveto delegate some of its powers to international organizations. The provisions regarding sovereignty and independence of the state will losepriority, which will lead to amendments to the Constitution of Ukraine. At the same time, the theory of a self-sufficient state has not beendeveloped in Ukraine. However, due to this theory the implementation of the defining principles of the state system, proclaimed in the Cons -titution of Ukraine and capable of ensuring a high standard of living of their citizens and their real independence should be guaranteed.

PERAN NEGARA DAN PENERAPAN PANCASILA DALAM MEWUJUDKAN NEGARA KESEJAHTERAAN (WELFARE STATE) DI INDONESIA

The position of Pancasila as the basis of the state has given a consequence that the implementation of Indonesia as a rule of law-based state, including to create a welfare state condition, has to be based on Pancasila. The format of this research is a juridical-normative, it means the research used the secondary data. The typology of this research is prescriptive, that gave advice, solution and suggestion for this research. The purpose of this research is to find out the concept of welfare state in Indonesia, and to give usable advice to current state implementation. The result of this research is that welfare state concept in Indonesia is the welfare state which prioritize citizen's welfare, based on the principle of family system with the principle of togetherness, efficiency with justice, continuity, environmental perspective, self-sufficiency and keeping a balance in progress and unity of the national economy, as written in The Constitution of Republic Indonesia 1945. The ideal role of Indonesia to realize a welfare state is to concern on the role as the leader, law and policy maker, also a supervisor which drives the society (including private sector and individual) based on the values of Pancasila, especially the 5th principle (sila ke-5), to work together to increase the welfare in Indonesia, based on their own roles.

The Control on Judicial Judgments of the Court of Auditors

The court of auditors is considered as the supreme supervisory body in charge of full control over state’s public finance. In order to execute its functions, it was provided with two kinds of competencies: administrative and judicial.
 The court of auditors is not considered as judicial bodies of general jurisdiction, since it has not been stipulated in the constitution’s chapter on judicial power, but it had been stated in the section on control. Hence, it is regarded as a public entity has jurisdiction i.e. it has the authority to issue judicial judgments in the area of control over public funds. This requires the need for control over it, and enabling stakeholders the possibility to appeal against it before 
 This control can be arbitrary unless it is equipped with rules and procedures that guarantee its transparency and integrity so as to protect public funds, safeguarding the rights of litigants and embodying the law-based state.
 The court of auditors is not considered as judicial bodies of general jurisdiction, since it has not been stipulated in the constitution’s chapter on judicial power, but it had been stated in the section on control. Hence, it is regarded as a public entity has jurisdiction i.e. it has the authority to issue judicial judgments in the area of control over public funds. This requires the need for control over it, and enabling stakeholders the possibility to appeal against it before competent authorities.
 On this basis, the court of auditors’ law has devoted measures of control over its acts and judgments of the court of auditors represented in: review, appeal and apply for cassation; which is regarded as judicial remedies with special features depending upon the judicial nature for the council’s work, on the one hand, and because it doesn’t belong to the judicial power, on the other hand.

Administracyjne kary pieniężne po nowelizacji Kodeksu postępowania administracyjnego

The growing role of administrative fines, their ever-wider presence in the Polish law and in the law of the European Union States, creates the need to assess the existing legal status in the context of a democratic state of law, as well as the constitutional principle of proportionality and social justice. The present article, taking into account the broad amendment to the Administrative Procedure Code of 2017 and adding Section IVA – Administrative fines – strives to draw attention to the need to set the limits of administrative fines, unify legal regulations in this area and ensure that the accused who committed an administrative tort are entitled to the right of defense, referred to in Article 42 of the Constitution of the Republic of Poland. The article uses the experience of the Italian law and the European Union law. The authors draw attention to the danger of such a far-reaching approximation of institutions of criminal responsibility and liability for administrative tort and the inconsistency of such regulations with the Constitution of the Republic of Poland and, more broadly, a democratic law-based state founded on the tri-divide of the powers.

Україна: від конфлікту демократії та ринку до конфлікту громадянського суспільства та олігархів

The article is devoted to the problem of the formation of the newest Ukrainian state and market economy, which are directly related to the democratic tradition of the Ukrainian people. The struggle for democracy in Western Europe was facilitated by the development of private property and liberal thought, which resulted in the adoption of such core values as freedom and equality of opportunity. It is also about guaranteeing private property as an inalienable basis for the freedom of the individual, introducing a system of separation of powers, developing the idea of a rule of law, equality of all citizens before the law, tolerance towards minorities. It is also about guaranteeing private property as an inalienable basis for the freedom of the individual, establishment of the system of separation of powers, developing the idea of law-based state, equality of all citizens before the law, tolerance towards minorities. The situation of domination in Ukraine of the economic elite causes tensions between this elite and not enough formed and organized middle class. It is unlikely that in the short-term, this will lead to a restructuring of the political-party system. But outside the formal and increasingly ritual arena of the election, new types of social associations are formed. The fourth power in the form of civil society may not be as weak as it seems at first sight. However, whether it is in the power of the most important task of Ukrainian society – the gradual and peaceful change of political and economic elites, remains an open question.

KEMAJEMUKAN VISI NEGARA HUKUM PANCASILA DALAM MISI HUKUM NEGARA INDONESIA

Kemajemukan bangsa Indonesia sebagai satu kesatuan yang tidak terpisahkan. Kemajemukan merupakan hasil catatan sejarah negara hukum Indonesia. Negara hukum Indonesia yang bertumpu pada Pancasila sebagai falsafah negara bangsa merupakan visi negara. Teori negara hukum Arsitoteles walaupun sederhana, sampai perkembangan konsepsi negara hukum Pancasila merupakan sarana yang dapat digunakan untuk menjawab permasalahan negara hukum dalam hukum negara itu sendiri. Hasilnya negara hukum dapat dikatakan sebagai visi negara Indonesia sedangkan hukum negara dapat dikatakan sebagai misi yang digunakan untuk mencapai visi negara hukum Pancasila. Visi negara hukum mesti diurai dengan hukum negara harus melibatkan nilai-nilai Pancasila dalam menggapai negara hukum Pancasila.

Revealing the Propaganda of Communication between The Islamic Fundamentalism Activists of the Middle East and Indonesia

This study reviews issues mainly related to propaganda strategies through media and the transmission of messages sustaining the Islamic fundamentalism activists’ agenda in the Middle East and Indonesia. Media plays a significant role in supporting the Muslim fundamentalists’ activities in both the Middle Eastern regional areas to the Asiatic countries, including Indonesia. This is an attempt to discover the underlying psycho-religious-social factors in the Islamic group of Radical-Fundamentalist Movements. This is completed by using a technical model of inductive thinking through exposing the collected data and the previous study results to draw general conclusion under the socio-religious psychology perspective of Peter Neumann as the analytical approach to reveal common underlying factors of people committing radical acts. The phenomenon of radical terrorist trips from the Middle Eastern countries to Indonesia, the occurring radicalization both in different regional areas has never undergone linear process, even tend to be a complex phenomenon. Through Internet media propaganda, Islamic radical-fundamentalist groups have been able to draw the sympathy of Muslims from various countries to jointly carry out jihad . Fundamentalist groups such as al-Qaeda and ISIS, proved to be no longer just local movements in Iraq and Syria, but have turned to be transnational movements. In the process of radicalization, the internet successfully facilitates the Muslim fundamentalist groups to transmitting and developing various narratives on religious life enjoyment under the auspices of the Khilafah which apply a single Islamic law-based state, in addition to position the Western countries as the real enemy to be fought. Keywords: Al-Qaeda, radical fundamentalists, the Middle Eastern, Indonesia, propaganda.

Legal Positivism, Positive Law, and the Positivisation of Islamic Law In Indonesia

This study elucidates the legal positivism and critically compares it with other schools of philosophy of law. Debates on the legislation of Islamic law in Indonesian can be traced back to the discursive practice of legal philosophy such as legal positivism. Indonesia as a law-based state (rechtsaat) adopts to a considerable degree legal positivism. However, it cannot be said that pure legal positivism, as it is promoted by its thinkers such as John Austin and Hans Kelsen, is applied because the Indonesian legal system accept morality such as religious and customary norms as the ground of legislation. By examining the postivisation of Islamic law, that is the legislation of Islamic law into the state legal system, this study argues that morale, ethics or norms derived from religion and customs are accepted to the state law. They can be used as the source of justice while justice in the positivists’ view refers to the code and statute endorsed by those who are in authority or power to do that. It thus denies the view of legal positivists who reject ethics or norms beyond the state law as non-law.

LEGAL ANALYSIS OF THE USE OF CIRCUMSTANTIAL EVIDENCE THEORY: STUDY OF THE SUPREME COURT DECISION NUMBER 777/Pid.B/2016/ PN JAKARTA PUSAT

<p>As the provisions of Article 183 of the Criminal Procedure Code, the system or theory of proof embraced in Indonesia is a negative evidentiary system of law which, in the case of proof, is based on the evidences established in the law which may provide the judge's confidence. Based on the above matter, the existence of Decision <em>Number 777 / Pid.b / 2016 / PN Jakarta Pusat</em> is important to be studied in the judgment. The judge gives the verdict by using circumstantial evidence proof theory. The case was decided entirely using indirect evidence because there was no eye witness or other direct evidence that could prove the indictment. The discussion was conducted using qualitative approach with normative juridical method. Circumstantial evidence is new among practitioners, legal arguments from experts are needed to sharpen the analysis. The juridical review of the use of circumstantial evidence is divided into two categories that are recognized by the <em>KUHAP</em> and which are not recognized. Circumstantial evidence can be a solution for judges in verifying cases that are considered difficult. In a law-based State, the use of circumstantial evidence theory requires the regulation of valid evidence in accordance with the current development of cases.</p>

DEMOCRATIC LEGITIMIZATION OF STATE IN THE MODERN WORLD

Introduction. The most important principles for democratic state-building are the principle of legality and the principle of legitimacy. They both affect directly the modern legislation. They are also interconnected with principles of the electoral system. These principles are so fundamental for any law-based state, that they influence the mechanism of interaction between state and society. The article presents the analysis of these two principles as well as the new ones – democratic legitimacy and legitimatic legality. Materials and methods. The methodological basis of the research constitutes such general scientific methods as analysis and synthesis and special cognitive methods such as the formal-logical method and the method of comparative law. Results of the study. Results of the analysis reveal that many principles of the theory of state are similar and have common philosophical-conceptual sources of their formation. Discussion and conclusions: The author’s approach to the special way of the Russian legal system formation is substantiated. This conclusion is confirmed by the works of other Russian authors. In steadily developing societies the existence of a sufficient level of legitimacy of state authority and the exercise of power in strict accordance with the letter of law make the state authority fully empowered and the management mechanism – stable and effective.