The phenomenon of legality: the essence and semantic characteristics

The article is devoted to a comprehensive analysis of legality as a key but methodologically problematic concept in modern jurisprudence. The author emphasizes that, despite the centuries-old evolution of legal thought, a holistic understanding of this multifaceted phenomenon remains undeveloped. The insufficiency of his interdisciplinary research in the history of political and legal doctrines, philosophy and theory of law is noted. The paper critically examines the main scientific approaches: from classical concepts separating legality and legitimacy (based on Kant's philosophy) to modern reductionist trends, in particular, the «new legal realism». It is shown that the latter, by dissolving law in political, economic and social contexts, eliminates the very problem of legality, which leads to its instrumentalization and legal nihilism. The high-profile court cases of financial crimes in Germany illustrate the practical difficulties of ensuring legality. The author concludes that it is necessary to find a balanced formula of legality that takes into account both the normative ideal and national legal specifics, and overcomes the extremes of normativism and sociological reductionism.