Transitional State Legal Systems in Russia of the 20th Century: Problems of Periodization
Автор: Lyasovich T.G.
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Теоретико-исторические правовые науки
Статья в выпуске: 3 (81), 2025 года.
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Transitional legal systems are a special form of the existence of the state and law identified within specific historical periods. The criteria for assessing the state legal system in terms of traditionality (stability) and transitivity are formal (forms of government and administrative-territorial structure) and substantive (cultural component: ideology, religion, parties, system of social values, etc.) criteria. Based on them, a periodization of the development of the Russian state legal system of the 20th century is proposed, with emphasis on transitional periods. Purpose: to analyze the problems of the development of transitional state legal systems in historical retrospect (on the example of the Russian state of the 20th century). The following methods are used in the research process: the system-structural method allows us to analyze the internal condition of a particular state legal system at a certain stage from the point of view of transitory signs, to examine the condition of its individual elements and systemic links between them, to identify the factors influencing transitional processes (political reforms, economic crises, changes in ideology, external influence, etc.) and to draw conclusions about the systemic nature of transitional transformations. The historical method allows us to conduct research in historical retrospect based on the present and taking into account the possibility of forecasting the future development of the state legal system of modern Russia and to analyze the dynamics of the development of transitional processes, etc. The method of objectivity is used to obtain the most reliable information about the subject of research, to study it impartially and comprehensively based on a wide range of sources, this reduces the risks of subjective interpretation of facts and contributes to the formation of objective conclusions. The comparative legal method makes it possible to compare specific systems in a transitional state, to identify common features and differences, patterns of their development under similar historical conditions. The methods of abstraction, analysis and synthesis are used for the most effective work with scientific sources, for scrupulous research (detailing or generalization) of information related to the subject of research; the use of these methods allows, in particular, to formulate the concept of a transitional state legal system, to identify its distinctive properties, criteria for classifying a particular state legal system as a transitional one, and to propose the author’s periodization. The method of comprehensiveness makes it possible to characterize the process of development of state legal systems from the perspective of the theory of cyclical development of world history, to identify types of state legal systems from the perspective of “traditionality – transitivity”, to identify the features and patterns of development of each type of system, to identify possible causes of the transformation of specific state legal systems at certain historical stages. Results: the article highlights the criteria for assessing the state legal system from the point of view of transitivity: 1) formal (forms of government and administrative-territorial structure); 2) substantive (cultural component, which includes ideology, religion, party system, system of social values, etc.); the author’s periodization of the development of the national state legal system of the 20th century is proposed, focusing on transitional periods. The author considers the crisis of the state and society caused by wars, revolutions, coups (revolutionary type of transition) and reforms (evolutionary type of transition) to be the main reason for the change in the type of state legal system. Transitivity can occur at any stage of state legal development. Its scenarios are difficult to predict and may result in the stabilization of the state legal system (a positive scenario), the deepening of the crisis and the transition of the state legal system to a new stage of transition or destruction (negative scenarios).
Traditional state legal system, transitional state legal system, transitional period, revolutionary type of transition, evolutionary type of transition, periodization of the development of the Russian state legal system in the 20th century, crisis of the state and society
Короткий адрес: https://sciup.org/142245821
IDR: 142245821 | УДК: 342 | DOI: 10.33184/pravgos-2025.3.4