Review on the author's abstract of the dissertation of K. A. Rakov “Formal and content foundations of the legal order”

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The presented review assesses the main provisions of the dissertation research devoted to the issues of determining the formal and substantive foundations of the rule of law. The author of the review confirms the solution of the tasks set in the dissertation research. The obtaining of significant results containing novelty and practical significance is stated. The named qualitative characteristics are contained: in the information received about the differentiation of the formal and substantive foundations of the rule of law and finding their optimal combination, in the development of recommendations for the formation and strengthening of the rule of law, which would take into account the peculiarities of the relationship between its formal and substantive foundations. The conclusion is formulated that formal grounds, by their nature, are a reflection of the regulatory function of law and order. The content of the formal foundations of the rule of law includes formal-legal and volitional moments, mutually conditioning each other. The state of legality as an expression of the formal basis of the rule of law is determined by the characteristics of the relationship between the above elements. The expression of the substantive foundations of the rule of law is the synthesis of the requirements of rationality and the ideological and value sphere.

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Legal order, legality, grounds, legitimacy, formal grounds, substantive grounds

Короткий адрес: https://sciup.org/14121551

ID: 14121551

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