Legal Nihilism Research Articles

The Process of Civil Law Codification in China

The paper analyzes the process of modern codification of civil law in China, provides a historical overview of the codification of civil law in China, raises the problems of private law codification and analyzes the political, economic and other sources of these problems. It is noted that only criminal (public) law was present in traditional China. Legal traditions based on the rule of criminal law continued for more than 2,000 years until the early years of the twentieth century. China has not embarked on the path of modernizing the legal system and codifying civil law. In 1929-1930, the first Civil code in the history of China was adopted. It was built on the Swiss and German civil codifications model, simultaneously reflecting the experience of the Japanese, French and Soviet codifications of civil law. After the PRC was formed, the stage of extensive borrowing of Soviet socialist law, including civil law, began. However, attempts to codify the law failed, the reasons for which lie in legal nihilism and a lack of necessary attention from the authorities. The transition from an administrative planned economy to a free market one prompted the legislator to temporarily abandon the idea of codifying civil legislation. Instead of one codified law, it was decided to adopt several special ones. In the 21st century, a new stage of codification of civil law in China has begun. In 2002, the fourth draft of the civil code of the PRC was published, which for no apparent reason has sunk into oblivion. In 2014, the process of codification of civil legislation has become more active, and in 2017, part one of the future civil code of the people’s Republic of China was adopted. In accordance with the civil law codification plan in March 2020 the Civil Code of the People’s Republic of China should be adopted as a whole.

GENERAL-SOCIAL PREVENTION OF ALLEGED MISCELLANEOUS MESSAGES ON THREATS TO CITIZENS’ SAFETY, DESTRUCTION, OR DAMAGE TO OBJECTS

The article looks at the main groups of measures to prevent deliberately false messages about threats to citizens’ security, destruction or damage to property at the social level. Social prevention includes a system of economic, political, legal, cultural and educational measures aimed at overcoming crisis processes in society, in particular, such as unemployment, social inequality, political tension, legal nihilism, moral decline and the spiritual crisis. The implementation of such measures also influences the factors that cause crime, which can reduce the level of the latter. It is emphasized that general social prevention has an important criminological aspect, because it is the foundation, the basis of special criminological prevention. Socio-economic measures to prevent deliberately misrepresenting threats to the safety of citizens, destroying or damaging property are analyzed. It is emphasized that these measures occupy one of the central places in the system of preventive activity of the general social level. It is stated that, according to the constitutional approach, socially oriented policy is a part of internal state policy. It is summarized that practically all socio-economic transformations of our society at the present stage belong to all-social crime prevention measures. The general social level of crime prevention is largely determined by the state of the state’s economy, political situation, and the level of material state of the population. Among the socio-political measures are highlighted overcoming the political crisis, resolving the military conflict, overcoming corruption in public authorities. The most important cultural and educational activities are the organization of leisure, educational work, promotion of healthy lifestyles and sports. As a conclusion, it is stated that socially oriented and economically justified state policy by itself contains a set of general social measures for prevention of crimes, including – deliberately false reports about threat to the safety of citizens, destruction or damage to property objects.

The role of organizational culture in the implementation of the strategic change management mechanism at the enterprise

Introduction. The study presents the identification of the place of organizational culture in the paradigm of modern management, which solves the practical problem of optimizing the mechanism of strategic change management at the enter-prise. The purpose of the article is to solve the practical problem of optimizing the mechanism of strategic change manage-ment at the enterprise in the paradigm of modern management. Results. The place of organizational culture in the mechanism of change management as a component of indirect fac-tors of influence of a strategic direction is defined. The essence of organizational culture is revealed through such compo-nents as a set of techniques and rules for solving problems of external adaptation and internal integration of employees, a set of the most important assumptions, a complex set of assumptions, a set of provisions, a set of basic beliefs, complex composi-tion of different assumptions and preconditions. The system-forming elements of organizational culture are considered: behavioral components, moral and ethical components, cognitive components, material components. Global and local goals of organizational culture formation, as well as tools for their implementation are identified. The relevance of adjusting the mission of the enterprise in accordance with the principles of social responsibility, which includes elements of external and internal corporate strategy. Conclusions. The peculiarities of the implementation of the organizational culture paradigm in the business envi-ronment of Ukraine are revealed, taking into account such characteristics as: legal nihilism, which led to the deformation of legal consciousness; attitude to the costs associated with the formation and maintenance of elements of organizational culture as unproductive; low level of awareness of the business role in social processes; uneven consideration of stakeholders inter-ests, lack of management skills in organizational culture in small and medium enterprises managers. Key words: organizational culture, strategic management, management mechanism, social responsibility of business.

The Ambivalence of Legal Nihilism in Russia

ABSTRACT This article examines legal nihilism, which represents a kind of calling card of Russian legal culture. Nihilism’s penetration of the culture has found expression and has been substantiated in philosophy and literature. The study demonstrates the theoretical foundations of legal nihilism: logical negation, irrationalism, absurdity, and the paradoxical nature of existing. It reveals the ambivalence of legal nihilism: on the one hand, a denial of law, the state, and the church and, on the other hand, a recognition of moral law (“pan-moralism”), of “law as the minimum of morality,” as well as “infectiousness,” and the norm-establishing role of art. The author concludes that the distinguishing features of Russian culture are the priority of internal freedom and the shift in the formation of legal consciousness and norms not only into ethics but also into aesthetics.

Ценностные и моральные основы правового нигилизма молодежи

Researching the psychological causes of legal nihilism in young people is urgent nowadays due to the considerable negative effect which this problem has on the society. Previous studies of psychological causes of legal nihilism often didn't take into account contemporary theoretical approaches (such as Moral Foundations Theory by J. Haidt) and relied on tools with unknown psychometric characteristics. The current research checked the hypothesis of values-related and moral foundations of legal nihilism in young people. Values were diagnosed with PVQ-R2 Questionnaire (S.Schwartz et al.), moral sphere - with Moral Foundations Questionnaire MFQ-Ru (O.A.Sychev et al.). In order to diagnose legal nihilism, a questionnaire was made which includes two scales characterizing disbelief in the law either as a generalized attitude (ideological legal nihilism) or disbelief in the law enforcement system as a result of enforcement practices (pragmatic legal nihilism). By the use of the confirmatory factor analysis it was shown that the separation of these constructs within the structure of legal nihilism (despite their strong correlation) was justified. Based on a sample of 283 students we established that legal nihilism in its different aspects is supported by the values of openness to changes, including independence of thought and conduct, hedonism and seeking stimulation, whereas it is opposed by the conservative values, including safety, tradition and conformism. Using structured linear modeling it was shown that belief in the rule of law is supported by autonomy ethics whereas trust in the law enforcement system is supported by community ethics. The results refine the conclusions previously drawn about the relationship between legal nihilism and values and add to the idea about morals as the basis of legal consciousness.

OVERCOMING LEGAL NIGILISM, RESOLUTION OF LEGAL CONFLICTS AND RESTRICTION OF LAW ABUSING- VALIDITY BASIS OF LAW FORMATION

The aim of the article is to investigate the reasons of legal nihilism and abuse of law origin, to find the optimal ways of overcoming these negative legal phenomena and, as a result, to solve legal conflicts in the activity of state authorities and local self-government, their officials, providing recommendations on introducing liability for law abusing. The process of establishing respect to the law is primarily connected with overcoming legal nihilism, legal conflicts and abuse of law limitation. Legal nihilism retards the decent development of the legal system, encumbers the access of society members to legal values and becomes a serious obstacle on the way of the formation of civil society. Specificity of any legal conflict lays in the fact that is its features and peculiarities are shown, seen and characterized from the position of law, specific legal norms and their requirements, decrees, orders to be perceived and evaluated differently by subjects of law A sense of respect together with legal awareness allows a person logically, reasonably, rationally evaluate and find the most suitable way of behavior and legitimate actions. When manifesting real respect here operates one of the important legal principles of civil society - respect for the rights and freedoms of others as their own. This principle is based on the necessity to keep away from any actions (inaction) so directly or indirectly worsening social or legal status of an individual. We mean here exclusion of not only unlawful actions, but also the facts of rude misuse of law. Factors of rude misuse of law are real assets of law practice, therefore, when understanding problems related to the establishment and development of legal awareness, legal culture, and respect for the law, it is necessary to consider the fact that legislation doesn`t forbid to do evil and is the abuse of law in its purest form. And it cannot be avoided, since law shouldn`t be ubiquitous, otherwise a person would be completely deprived of freedom. However, a civil society, betaking spiritual and moral potential capabilities, can create a certain exclusion zone for people challenging law abusing.

МОРАЛЬНОЕ ОСНОВАНИЕ СОВРЕМЕННОГО ПРАВОВОГО НИГИЛИЗМА

This article contains a philosophical study of the moral basis of modern legal nihilism. Usually legal nihilism is understood as a negative or indifferent attitude of individuals or social groups to law as a social institution. The universal and necessary nature of this phenomenon cannot be revealed by giving even the broadest list of active causes of its occurrence and spread. This nature of legal nihilism can be understood through systematic knowledge the idea of the moral spirit.Within the limits of this article, only the nearest spiritual and practical basis of the legal nihilism is revealed. Further consideration of the problem proves that this basis is the freedom of moral subject, the moral view in general, which is an effective principle of the form of the modern world. From a moral point of view only the autono- mous will is truly free and, therefore, really moral. For it is subordinate to a universal law, rooted in the «moral self» of the will itself. Thus the autonomy of the will is recognized as the true and only law of morality, which is identified with real moral order. Recognition of the autonomy of the moral will as the highest principle of the practical spirit made the moral view an indisputable criterion for evaluating any existing moral order. Thus the reflection of the practical experience of modern times laid the moral foundation of legal nihilism. For from this moment on, any external authority, every normative order has come under the initial suspicion of the moral subject, Every objective normative order came to be considered by him as something that has only a conditional significance. All this reality now requires legitimation by the subject of moral freedom, justification before person’s deep belief in what is rational and moral.

To the question of legal nihilism

Political, economic and moral realities of Russia and other post-Soviet States, the end of the last century have resulted in the minds of the population of gloomy moods, called the lawyers "legal nihilism." The author analyses existing approaches in science to the study of the phenomenon. According to the author, the politico-legal nihilism cannot be considered as the root cause of all the ills in society. Such phenomenon is only a symptom, the external expression of complex social problems, but not its essence. Politico-legal nihilism is a specific form of opposition to the current Government population inevitably growing in deep crises, erosion of moral and ideological foundations of society. From a historical point of view any nihilism has a thousand-year psychological and ontological, social roots, and because before the end of the land cannot be eradicated. The real challenge of power can only be his mild, for further reduction of the moods of the population nihilistic way out of economic crisis, growth of the well-being of the people, the consolidation of the spiritually-moral and political the stability of society.

Law and legal system: to the problem of terminological accuracy (general theoretical and historical legal aspects)

This scientific article, the monograph of A.V. Seregin “The Evolution of Old Slavic Law (Middle Ages: from communal-veche sources to serfdom)”, analyzes normative and sociological approaches to the concept of the legal system of society. It is emphasized that the regulatory approach developed during the Soviet period of development of domestic jurisprudence, supported by the author of the monograph, which identifies such concepts as legal system and legal system, is not able to characterize the phenomenon of the legal system, because national law , which largely determines its essence, is only one of the components of the latter, its normative basis. Using such an empirical method of knowledge of legal reality, as an interpretation, and believing that the sociological approach to understanding the legal system seems more justified, the diversity of views of scientists on this general theoretical problem is emphasized. This draws attention to the fact that the problem of its broad interpretation in domestic jurisprudence has not yet been fully resolved. It is stated that if the normative, functional and cultural-psychological (ideological, intellectual) aspects of understanding the legal system for the most part do not cause serious controversy in the legal literature, then axiological, on the contrary, becomes a topic for numerous discussions. In this case, I mean, first of all, the ongoing dispute between lawyers about the role and significance of negative legal phenomena (legal nihilism, law's gaps and its contradictions) in the construction of the legal system as such. The author argues that consideration of both positive and negative legal phenomena should be considered as the content of not the legal system, but the legal life in all its diversity. Various arguments of a general theoretical and historical-legal nature are given in substantiating the conclusion that the emergence of a general Russian legal system is conditioned only with the approval of the sovereignty of the Russian state.

THE ORGANIZATION OF STATE AUTHORITY IN THE CONTESTED STATES OF THE REPUBLIC OF THE FORMER SOVIET UNION

Abstract: the article considers the issues of constitutional development of the contested states of the CIS countries. The author tried to study the provisions of the constitutions of the contested states, the history of their formation and the tendencies of state building. The methodological basis of the study is a combination of methods, including dialectical, general scientific and private scientific methods of cognition. The author notes the orientation of the state development of the contested states towards Russia (except for the Nagorno-Karabakh Republic, the development of the state and law of which is entirely directed towards Armenia). There is a double jurisdiction over the exercise of public authority in the territories of the contested states (authorities of such entities and central authorities that do not control their territory). In the territories of the contested states, a high level of legal nihilism is observed, which is expressed in a large number of constitutional reforms, and the change of power in non-legal ways.

Actual problems of formation of legal culture in Ukraine at the present stage

Introduction. The scientific article analyzes the features of legal culture of Ukraine, which is in the status of a national legal culture has absorbed not only by a common legal culture, but also special about it and specific to a given legal culture. Provided that there are no two identical legal systems, and no two identical legal cultures. Each national legal culture is developing in a separate society, which has its own cultural characteristics, its own history, develops in particular natural and historical conditions; and that primarily is due to the specificity of state-legal development of society, and therefore the specifics of the national legal culture. Noted that the peculiarities of formation and development of legal system of Ukraine at its initial stage are the objective factors that significantly influenced the development of legal culture of Ukraine, and with it – at the societal, group and individual perception of the new law in the minds of the people and their choice of the relevant legal values. It is argued that under adverse and highly controversial economic, social and state-legal development of Ukraine in the early 90-ies, national legal culture is acquired not progressive, and chaotic and even regressive trend of its development. By the authorities to attempt to reform society, including the state and legal reform, led mainly to the opposite effect, to the increasingly obvious destruction of the system of state administration and legal system, to the denial of the principle of legality and criminality, corruption, and systematic disregard for and violations of the ruling subjects of human rights. Therefore, instead of approval in public life generally accepted legal values in Ukraine today questioned the value of the law and legal nihilism entered level generally threatening the company's existence. The aim of the article. To find out the problems of the formation and development of legal culture in Ukraine, taking into account certain aspects of it to cover them in this article. Results. When talking about the formation of legal culture, it is noted in the literature, apparently, mean measures that create for this process, the necessary conditions, providing the opportunity to the highest degree manifest objective factors that should serve as a conditions of development of legal culture of a society in transition. However, the objectivity of the process of formation of legal culture of society does not mean elimination of human factor from the process. It is also alleged that in the professional legal culture on the legal culture in Ukraine, a special place belongs to the legal culture of lawmakers because of the level of their professional training, legal culture depends on the quality of laws, the timely and proper amendments and additions to the existing legislation with a view to its improvement. The actions of the lawmakers form the authority of the government, contribute to a proper understanding of the law, the observance of the current legislation. For legislative success is essential continuous professional legal culture of direct participants. As shown by practical experience, a high level of professional legal culture of the participant of the legislative process reaches the combining of the two requirements. The first involves the education of the participant of the legislative process, his personal conviction of the need of observance of laws in everyday life. The second is directly connected with the process of obtaining the quality of professional knowledge regarding the mechanism of creating laws and the legal system and develop skills to professionally apply that knowledge. Conclusions. The authors mainly focus not on the characteristics of the development and current state of national legal culture and on various aspects of relations "society-state" in whose context also refers to the legal culture in its private manifestations, and expressed opinions relative to problems of formation in Ukraine of a higher level or better quality of legal culture. But without a clear understanding of the specific and the real state of the national legal culture of Ukraine can not develop the necessary tools and levers of formation of legal culture necessary for the effective functioning of the national legal system.

Самосуд как индикатор деструктивных процессов в современном российском обществе

The article updates the issue of the prevalence of vicious punishment of harm-doers in Russian society, since the presence of this ancient practice at this point of community development indicates destructive processes in it. The following socio-psychological determinants of this phenomenon are designed and highlighted: the growth of social aggressiveness, feelings of hatred or enmity, defects in legal psychology caused by the development of legal nihilism, disappointment in the effectiveness of law enforcement agencies against the backdrop of a high level of crime in the country, rejection of the humanism of domestic criminal policy, mindset and the criminalization of Russian society, the formation of addiction to revenge and lynching, cultivated by the media. The catalyst for lynching harm inflicted primarily by affect, frustration, stress and resentment caused by a crime or other offence, which nullify the restraining imperatives of behaviour. The author concludes that it is necessary to develop appropriate measures that are proposed in the work to eliminate this negative phenomenon in Russian society.

Социальные причины возникновения правового нигилизма

Социальные причины возникновения правового нигилизма

Планы белых правительств по правовому регулированию государственного строительства, экономики и социальных отношений в годы Гражданской войны в России

The main components of state-building programs and legal regulation of the socio-economic sphere of white governments at various stages of the Russian civil war are deal. The stages of the white movement, starting from the origin of its political and legal forms, are identified and their main content is presented. It is noted that the prehistory of the civil war was associated with the birth of the white movement, which was expressed in the revolt of General L. Kornilov, directed against bolsheviks extremism and the inaction of the left parties in strengthening the Russian state. How the growing influence of the bolsheviks in society and the inability of the Provisional government in the questions of public administration to meet the challenges of the time caused the movement of "autonomism" and "samostiynost" in Ukraine, Siberia, the cossacks regions and other regions on the outskirts of the former Russian Empire, within which the first state forms of the white movement were formed is analyzes. It is indicated that in the summer and autumn of 1918 under the leadership of left-wing parties in the Volga region, Siberia, the Northern region and the Far East, anti-soviet state entities were created, whose governments tried to continue the policy of the Vremennyy government under the slogan of the Constituent Assembly, which did not meet to the heat of socio-political confrontation and growing legal nihilism in society, which led to their collapse. It is determined that from December 1918 to June 1919 there was the highest rise of anti-soviet state construction, carried out under the leadership of the military leaders of the white movement. In this period government of the so-called "democratic counter-revolution", who tried to create an all-Russian authority of anti-soviet power in the person of the Directory, were forced to give way to the governments of "military dictatorships". It is revealed that the second half of 1919 and the subsequent period is associated with the collapse of anti-bolshevik state formations caused by military failures. It is concluded that these failures were due to the inadequacy of land and labor legislation, which did not meet the urgent interests of the general public, which formed the main contingent of the white armies. The article was carried out under the RFBR grant No. 20-011-00347 for 2020.

CRIMES THAT IMPINGE ON PROCEDURAL ACTIVITIES OF PRELIMINARY INVESTIGATION BODIES

Abstract: improving the effectiveness of justice is positioned as a priority for Russia's ongoing judicial reform. In many ways, its solution involves respecting the procedural procedure of the preliminary investigation. The functioning of the judicial mechanism, ensuring the rights and legitimate interests of citizens is not possible without respect for the rule of law, especially by officials involved in the process of justice, including, of course, and Criminal justice officials are interrogators and investigators. In this context, the study of public relations arising in the process of criminal proceedings included by the legislator in the number of criminal protection objects, as well as analysis of the level of the criminal protection, is quite relevant and reasonable. criminal repression for attacks on the interests of the preliminary investigation, as they undermine the authority of the state authorities as a whole, contribute to the growth of public distrust of the law enforcement system, generate disbelief in the the possibilities of judicial protection of violated rights and freedoms, form an atmosphere of legal nihilism in society.

Эссе о провинции (заметки о дефиците власти в современной России)

In this article, the author using sketches of Russian culture, tries to understand, how institutions of power can function in the Russian province, and how they can be perceived by the society. The power is distributed unevenly, and this has a full effect on its deficit in relation to provincial political discourse. The Russian example is not an exception. From the author’s point of view, modern practices may have significant cultural grounds, hiding in a special relation to the province, which traditionally accompanied political discourse. The author sees this attitude in various sketches from the texts of Aleksandr Pushkin, Andrey Platonov, Anton Chekhov, Ivan Bunin and other Russian classics. The author’s interpretation of the problem required an appeal to the theoretical works of political philosophers, such as Giorgio Agamben, Albert Camus, Niklas Luhmann, Michel Foucault and Max Scheler. The author believes that in the space of the Russian province there is an objective deficit of institutions of power, which speaks, on the one hand, of a certain disregard for the province, and, on the other hand, testifies to the strength of resistance to local initiatives and legal nihilism that has become part of the political philosophy of the Russian provincial. In turn, the provision of a person to himself, affects a fairly critical attitude toward the political power. A person is not more capable of trusting the authorities and seeking support from them. His being increasingly assumes an existential character. The policy of the federal government in modern Russia gives rise to serious gaps between the center and the province, which can forms affect the specific perception of power itself, and also affects the formation of anarchic attitudes.

Factors in the Fight against Corruption in the Context of Civil Society and the Rule of Law

The research analyzes the main conditions by having which the state is able to fight against corruption. The preconditions and means of fight against corruption are determined; the results of their implementation in life are considered based on the examples of some countries, namely, availability of effective legislation, political will of the state, specialized bodies of fight against corruption, the establishment of civil society. It is noted that the fight against corruption is the management through a developed network of social institutions created on the basis of ‘participatory democracy’, that is, the interaction of personality, society and state on the principles of social partnership. This concept refers to a complex of political relations and technologies, which establishes public supervision over the activities of state authorities. At the same time, the latter requires a political will to fight against corruption, the legislative provision of this fight and the strict implementation of the adopted legislative acts. The main task for the civil society structures in the fight against corruption is the implementation of public participation in the process of preparing, discussing, adopting and monitoring the implementation of power decisions. Corruption as a systemic problem in Ukraine, demoralizing society, generates such a negative phenomenon of legal consciousness as legal nihilism in the social environment.

INSTITUTE OF PRE-EMPTION AND MEDIATION IN ENSURING THE RIGHTS OF INDIVIDUAL ENTREPRENEURSHIP SUBJECTS: PRACTICE AND PROSPECTS

This paper is devoted to the issues of using prevention institutes and the mediation in rights ensuring institute of individual enterprise in the sphere of the control by public authorities. The aim of the research is to analyze the peculiarities of practice to use the methods of inspection by the state supervision agency in order to ensure the rights of individual enterprise’s subject. The aim of the research is linked to the contradictory problems during the implementation of inspection’s legal nihilism of government officials’ right treatment during of inspections and possible essential risks for IE and effect lowering of rights securing. The novelty of the work is expressed in topicality and justification of the prevention institute in order to minimize the risks to ensure the legal consciousness and the rights of individual enterprise. According to this aim several tasks have been solved and as result some basic principles have been formulated and the conclusions were drawn. More precise definitions were provided to the understanding of distinction “government control” and “checking” via the assistance of intercommunication establishment through the general and special principles of material and procedural mutual concern, which are topical for an individual enterprise owing to minimization of administrative risks. Having been based the efficacy of Institute of prevention as the method of preventive measure and influence on the behavior of the characters of individual enterprise. So in sphere of rights ensuring of characters of Individual enterprise the principles of conclusive reasons for conducting preliminary verifications was suggested. The efficiency of the mediation institute in the sphere of public rights was justified.

Інституціональне забезпечення прав людини в Україні в контексті сучасних європейських стандартів

Проаналізовано функціонування інституцій системи державного управління України в контексті забезпечення реалізації та захисту прав людини. Доведено, що європейський вибір ставить перед українським публічним управлінням нові завдання, що стосуються передусім подальшої демократизації суспільства, яка передбачає розширення спектру основних прав та свобод громадян. Констатовано, що державне управління в Україні здійснюється з метою адаптації інститутів громадянського суспільства до європейських стандартів: верховенства права, сталого розвитку, забезпечення пріоритетності прав і свобод у всіх сферах державної діяльності, а також зміцнення демократії. Зазначено, що усе це є необхідною умовою інтеграції України до Європейського Союзу.

Теоретичні аспекти формування правової культури студентів закладів вищої освіти в Україні

Розглянуто поняття правової культури, суть правової культури студентів закладів вищої освіти, її зміст, критерії та значення у формуванні громадянського суспільства. Проаналізовано останні дослідження з питань правової культури студентської молоді. Визначено основні завдання, цілі та засоби правового виховання як умови підвищення рівня правосвідомості студентів.