The present paper has as its object the investigation into meanings of propositions about legitimacy of law and their possible conceptual interconnection with propositions about validity of law. The paper analyzes the genesis of the legitimacy discourse in law, the criteria of recognition in law and their significance for defeasibility of particular norms of law as a way of «delegitimating» these norms. The author examines whether and under which circumstances binding force of law can be dependent on legitimacy of law and on recognition of law by its addressees. The author points out at some conceptual problems that arise in the connection with discussions about the recognition of law considered as a foundation of its binding force. Different meanings of the concepts of legitimacy and recognition in legal parlance are analyzed, as well as various situations in which a proposition about legitimacy of a legal norm or of a legal system might have effect on validity of such a norm or a system. It is underscored that an indiscriminate use of the concept “legitimacy” in propositions about validity of legal norms can result in violations of such norms by their addressees because of the alleged illegitimacy of these norms. The variety of meanings of the expression «legitimacy of law» requires from lawyers to be critical and to assume responsibility against attempts to deny validity of legal norms because of their supposed illegitimacy, what is not a rare situation in such branches of law as international or constitutional law. Otherwise, language games with ambiguous notions might result in unjustified denial of binding force of norms of public law and, consequently, in undermining the rule of law.
In the article the author considers the stages of modernization most significant for the national justice: during the reforms of the 18th century, the 19th century, and the October Revolution of 1917. As history shows, revolutions and evolutionary reforms are the two main forms of development of nature and society, including state and legal institutions. Important in these cases is the legitimation, which can provide previously acquired or newly created stability and social utility. The court is an important element in the political and legal systems. As the author demonstrates, the change in the latter invariably entails a change in the former, primarily because he performs law enforcement, human rights and law enforcement functions in the legal model of statehood and, accordingly, law enforcement, law enforcement and law enforcement functions in non-legal, totalitarian, for example, statehood models various historical eras. The development of a court like any other socio-political institution can take place either in an evolutionary or revolutionary way: as a general rule, the former presupposes reforming or improving the old one, while preserving the traditional traits, while the second involves breaking the old one and creating a new one radically different from the former, but at the same time not necessarily progressive. Comparing the two versions of the revolutionary in essence and the results of the transformation of the court in the domestic history, the author concludes: in the first case, the reforms of Peter I corresponded to the task of its modernization and were sufficiently conditioned by the tendencies of not only political, but also economic, social and cultural development of Russia, although and a few ahead of them. In the second example of the post-October revolutionary breakdown of the progressive, in fact, court, the new court did not correspond to the features and qualities of the proper organization of justice, but was conditioned and substantiated by the interests of the new ruling class and the Soviet socialist state, whose task is precisely their expression and protection.
The work undertaken by a critical analysis of the main criteria for assessing the development of the Russian academic science through priority adoption and acceptance to the account only those publications that are reflected in the «universally recog- nized» scientometric databases WEB of Science database, SKORPUS, RSCI; the author points out a dead-end data vector «reforms» for Russian science, and for specific research.
The paper is dedicated to research of prerequisites for establishment of inclusive legal regulating mechanism of copyright relations in the information society. We have studied the question of necessity to take in account inherent properties of intellectual works while developing the rules of their legal regulation. We consider that natural theory of law suppose the existence of two kinds morality of law and its influence on the legal system. We have fulfilled analysis of the embodiment of morality of duty and morality of aspiration in copyright legal provisions. It is demonstrated that the legal enforcement of morality of aspiration allows to authors standing for maximal proliferation of their works for free to realise own intellectual rights with greater effectiveness. The elaborated conclusion is that morality of aspiration works as a philosophy-legal basis for inclusive regulating mechanism of copyright relations. To support the positive influence of morality of aspiration on copyright legislation in the interests of society and intellectual rights holders, the author of this article recommends to enhance development of the inclusive regulating mechanism of copyright relations in Russia.
The legal phenomena’ stability, its main features and the ways of reach legal system stability are researched in this article. We propose to enact “the lack of conflicts of law” concept in legal terminology.
The article analyzes the risk of criminal manifestations of the shadow economy, and shown their devastating effects not only on the legal economy, and through it - on politics, social sphere, culture, and law. The conclusion is, that due to the significant weakening of the reason, economic, political, social, cultural and legal institutions, the focus in overcoming the criminal manifestations of the shadow economy must be made solely on the still healthy segments of the economy, politics, social, cultural rights