On April 21, the International Conference "Political Transformations in Modern Europe" was held on the basis of the Faculty of Management and Politics. At the conference spoke R.V. Yengibaryan, Scientific Director of the Faculty of Management and Politics, Honored Worker of Science of the Russian Federation, Doctor legal Sciences, Professor of the Department legal basis MGIMO-University management, editor-in-chief of the magazine "Law and Management. XXI Century"; Francesco Adornato, Rector of the University of Macerata (Italy), Dean of the Faculty of Political Science of the University of Macerat, Professor of European and International Agrarian Law;
T. Sardaryan, Candidate of Political Sciences, I.O. Dean Faculty of Management and Policy; A.A. Gromyko, Director of the Institute of Europe of the Russian Academy of Sciences, Head of the British Research Center, Doctor of Political Sciences, Professor RAS; O.V. Hama Galchevina, head of the department of comparative political science MGIMO-University, Professor, Doctor of Political Sciences, President Rupn, Chairman of the Federal Training and Methodological Association of the Enlarged Group of Specialties and Training Directions 41.00.00. "Political sciences and regions", deputy editor-in-chief of the magazine "Comparative Policy"; Gerhard Schneider, Professor of the Royal College of London, Researcher of the Center for Business Research of the University of Cambridge (United Kingdom), Doctor of Political Sciences of the University of Lausanne (Switzerland) and others. The topics of the reports reflected actual problems The political space of Europe, such as the crisis in relations between Russia and the EU, the prospects and the consequences of Brexit for the world community, the revision of democratic values \u200b\u200bin the context of modern political transformations in Europe, Christianity and democracy and a number of others. Simultaneous translation of the speeches of the participants in the conference at a high professional level, the associate professors of the Department of English No. 6 K. Filol. N.I. Klimovich and K. Filol.n. M.V.Hlopkov.
International Conference "Political Transforms in Modern Europe"
The International Conference "Political Transforms in Modern Europe" Was Held on April, 21st At The School of Governance and Politics, Mgimo University. The Speakers Included Robert V. Yengibaryan, The Academic Supervisor of The School Of Governance and Politics, Mgimo University; Honoured Scholar Of The Russian Federation, PhD (Law), Full Professor With The Department of Legal Basics of Administration, Mgimo University, Editor-in-Chief Of Accademic Research Journal, "Law and Administration: XXI Century"; Francesco Adornato, The President of Macerata University (Italy), Dean Of The Faculty of Political Science, Macerata University, Full Professor of European Agricultural Law and International Agricultural Law, Macerata University; Henry T. Sardaryan, The Dean Of The School of Governance and Politics, Mgimo University, PhD in Political Science; Aleksei A. Gromyko, The Head Of The Center for British Studies, PhD in Political Science; Oksana V. Gaman-Golutvina, The Head Of The Department of Political Science, Mgimo University, Chairman Of The Federal Association of the Accumulated Group of Disciplines in "Political Sciencees and Regional Studies" (41.00.00), Full Professor, PhD in Political Science, Mgimo University, Depeuty Editor-in-Chief of the Journal "Comparative Politics"; Gerhard Schnyder, Lecturer in Comparative Management, King "s College London, Research Associate at the Centre for Business Research (CBR), University of Cambridge, UK, PhD in Political Science, University Lausanne, Switzerland, and others. Reports covered such topical issues of the current EU political environment as the crisis in the relationship between Russia and the EU, the Italian-Russian relations during the period of political transformations in Europe, the implications of Brexit, Christianity and democracy in Europe, the European Union in search for global role and the policy of the EU on post-Soviet territories, etc. Nikolai I. Klimovich and Marina V. Khlopkova, Associate Professors with English Language Department # 6, MGIMO University, provided the conference speakers with interpretation services at a high professional level.
For 2017, more than 20 thousand people died from AIDS in Russia.
According to the Federal Scientific and Methodological Center for the Prevention and Control of AIDS, already 1.2% of the population of Russia at the age of 15-49 years are infected with HIV. The average age of death from HIV / AIDS in Russia is 35-40 years.
In essence, this is an epidemic. Given that in most cases HIV is transmitted through ordinary heterosexual contacts, it is not very clear how to prevent its distribution. Propaganda HIV prevention at the federal level is practically absent, the ability to combat the disease is equal to foreign agents and are closed. Senigods in schools nobody talks about HIV hazards and how to avoid infection.
And here I open this news ...
The Ministry of Health cancels registration. Office is ready to treat patients with HIV on temporary registration
It would seem that the news is good. But in reality, it shows how outdated the system medical care In Russia, as far as she is heavy and vague.
It turns out that there is a country in the world, whose citizens even in the XXI century refuse treatment only because they have an incorrect stamp in their passport. And the saddest thing is that our country is.
If for some reason you have no registration, then everything, you are not interested in anyone. Or look for methods for treating HIV strictly in its region, or leaving abroad. For example, the Moscow City Center for Prevention and Combating AIDS Department of Health of Moscow has repeatedly refused to take into account HIV-infected without registration and sent them to AIDS centers at the place of permanent registration.
People living "not in their" subject to the Russian Federation simply turn out to be without drugs and any medical care. Some idiocy, besides cynical and harmful to society.
Here we smoothly go to the problem of registration. Officially, it in Russia is no matter. In fact, of course, there is simply called "registration at the place of residence." Registration is a relic of serfdom. You probably passed at school the stages of reassigning the peasants and remember that at first I was a day, then "Summer Reserved", the perpetual cheese of runaway, etc.
Already under Peter I, internal passports appeared. The document was issued to the peasants at the place of residence for a year just to control them easier. Officially, these documents were called "bandwidth" and "address tickets" and were among the current registration at the place of residence and registration at the place of stay. Passports were called these pieces of people. Those peasants who were caught without a passport or with an overdue document, threw into prison and then sent home to the landlord court.
After the decomposition of the empire, the passport system was abolished, which Lenin himself wished long before the revolution:
"Social democrats require full freedom of movement and crafts for the people. This means that passports have been destroyed in Russia (in other states there are no passports for a long time) so that no boss has no bold to interfere with any peasant to settle and work, where he has a man. Many - The child is small, without boss and move does not dare! Isn't that a fortress dependence? "V.I. Lenin, 1903, Article "To the Rustic Poor"
In 1925, the Resolution of the Council of People's Commissars of the RSFSR "On registration of citizens in urban settlements" was published. Then a resident of Soviet Russia could still show almost any document, such as a labor book or marriage certificate.
However, in 1932, the next stage of conspiration began. On December 27, 1932, a decree of the VCIK and SNK "On the establishment of a single passport system for the SSR Union and the obligatory registration of passports was published. It was necessary for the Stalinist regime so that the starving peasants of Ukraine and the North Caucasus do not move into more prosperous areas and remained to die in their homeland.
In cities a variety of "unwanted elements" (former nobles, nonpmanns, tramps, prostitutes, etc.) refused to issue passports. Woods were satisfied with the invisible, and they were sent to Siberia. A total of 1.8 million people expelled from large cities.
Under Stalin, they should have been registered anyone who changed the place of residence for a period of more than three days. Then the concept of temporary registration occurred while maintaining constant at the place of residence. That is, about how now. The collective farmers of passports did not have and were essentially the same fortress peasants.
In the late scoop, the conditions were not so harsh. The USSR citizen was supposed to be issued from the old permanent residence and register in the new, if he moved somewhere for a period of over one and a half months. For communication with the authorities on this occasion, three days was given to him, while civil servants could simply refuse to register. Then the "sendler" was supposed to leave the city during the week. To be without registration on the territory of the Soviet Union was illegally.
Officially, the registration was canceled on October 1, 1993, but a little changed, only the name has changed and the conditions softened. But not everywhere. For example, in Moscow and St. Petersburg for a long time, "Greeting Cents" - without urban registration did not hire, were not registered in clinics, etc.
Unfortunately, in modern Russia It is still applied in its Soviet understanding, a real extension of serfdom. Article 27 of the Constitution of the Russian Federation states that "Everyone who is legitimate in the Russian Federation has the right to move freely, choose a place of stay and residence". But in fact, our free movement in the country limit the tools such as registration and temporary registration.
And you can only guess how much idiotic restrictions seems to be banned to help HIV-infected without "correct" registration.
One of the most important priorities in ensuring national Security It is the preservation and development of the original cultures of the multinational people of the Russian Federation, the spiritual values \u200b\u200bof citizens (paragraph 83 of the National Security Strategy of the Russian Federation) 1. Meanwhile, in many countries, and until recently, in Russia, the development of modern legislation,
upgraded by grant projects paid by various non-governmental human rights organizations, often comes into an explicit conflict not only with traditional
the moral values \u200b\u200bof Russians, but also with the task of ensuring national security.
The fact is that in the case of a conflict of traditional value preferences of Russians with the values \u200b\u200bof legal novel, delegitimation is not only authority, but also the right in general. This is warned by researchers of legal systems of traditional society. A peculiarity of the legal culture of traditional society is that moral, religious and actually legal values \u200b\u200band norms are inextricably linked.
Currently, on the part of Western countries, pressure on those states that do not want to embody the European system of values \u200b\u200bin their legislation are carried out. In this system, not only individualism and pragmatism dominate as the main criterion for choosing values, but also explicitly indulging in various human "weaknesses", for example, sexual perversions. These weaknesses are a barrier for family policies in the traditional version of it. In many countries, for example, in France, the authorities neglect public opinion and protect the rights of sexual minorities. Often, the rights of newborns are grossly violated. So, in Vancouver, the Canadian province of British Columbia, thanks to the new legislation and four thousand dollars in the account of payment for legal services, the parents of the three-month-old girl recognized three people - two perverts and their friends. In the same province there is a law that suggests the right of each child on four legitimate parents at the same time.
Demoralization of law comes to the absurd. In some modern states, a normal family falls under the ban. For example, in Italy, the Department of Equal Opportunities in the framework of the project funded by the Council of Europe, "Guidelines on Information, respectful to the LGBT community", containing ten "commandments" for journalists, was published. If the document comes into force, the words "traditional family" and "same-sex marriages" will fall under the ban - they must replace "marriage in general"; Causeing protests "surrogate motherhood" will turn into "auxiliary motherhood"; It will be strictly forbidden to write that humanity consists of men and women, that the differences between them are laid in nature itself that children are born from a man and women 1. It is not surprising that the development of the right to such standards causes anger from believers Muslims and Christians: such reforms, penetrating the right, lead to conflicts and are soil for religious extremism.
According to some experts, the world is already on the verge of establishing a new sexual revolution, for the creation of which in each state, according to the plan of lobbyists, a number of consecutive steps are carried out, such as: first, an impression is created using the media on discrimination against sexual minorities; Secondly, a number of laws on the prohibition of "discrimination on the basis of sexual orientation" are adopted, which include the legalization of same-sex civil partnerships, the legalization of "same-sex marriages", gender equality; Thirdly, laws are accepted, allowing children to adopt children with same-sex couples; Fourth, standards are being taken that establish administrative and criminal liability for all who do not agree with the priority of sexual minority rights.
In the latter case, almost the entire population of Russia will fall asleep, since most Russians do not agree with the rights of sexual minorities. As A.I. rightly notes Ovchinnikov, the values \u200b\u200bof the overwhelming majority of Russians have religious origins. Orthodox and Muslims are unlikely to approve the legalization of the rights of perverts. Sociologists from " Levada Center»The data of the sociological survey - 85% of Russians against legalization in the country of same-sex marriage are given. (The number of supporters of such marriages for three years has decreased from 14% to 5%) 2.
Polls conducted by the analytical Levad Center in 2013 indicate a negative attitude towards homosexuals in Russian society. The joint labor activities with these persons were perceived wary in 2003. 50% of respondents against 66% in 2013 would not like to have gays or lesbians among their acquaintances (would have been delayed wary or sharply negatively) 58% of respondents in 2003 and 72% - in 2013. Currently, each fifth respondent is neutrally related to possible contacts with representatives of sexual minorities.
But certain steps in accordance with the progress of the legalization program are undertaken, which cannot but disturb. We are talking about the adoption of the so-called "anti-discrimination" laws. " An example of such a law is adopted in 2003 by the State Duma in the first reading the draft law of FZ No. 284965-3 "On state guarantees of equal rights and freedoms of men and women, and equal opportunities for their implementation (about state guarantees of women and men's equality)." It cancels the concept of "biological floor", introduces the concept of "gender" (social floor).
The concept of "gender" is a relatively new term in domestic sociology and jurisprudence. He is taken from English-speaking scientific literature, where "Gender" means the choice and recognition of sexual orientation, and not a physiological structure. Under it is understood as the process of the prescription of certain sociocultural characteristics and roles of men and women. In other words, the concepts of a man and a woman, and, consequently, the ideas about masculinity and femininity may vary depending on the preferences of the personality, society, culture. This term is very convenient for transvestites and homosexuals. Therefore, gender rights and sexual minority rights are always close: Gender directly communicates with democracy and with the values \u200b\u200bof democratic culture.
The ideology of the LGBT movement is based on the theory of gender, in which the floor is understood in the socio-psychological, and not a physiological sense. Physiological sex and gender identity may not coincide: some social networks offer about fifty options when registering. Modern psychologists believe that the personality cannot be reduced only by the aggregate of social roles learned (including the roles of a man and a woman). "To understand the essence of the personality, the choice, adoption and execution by a person of certain social actions, internal attitude towards them. A person freely and consciously chooses one or another social role, aware of the possible consequences of its actions on its implementation and takes all the full responsibility for their result "1.
In Russia, the lobbying of gender topics is carried out by representatives of science. "Gender philosophy" in its Western version adopted in Arkhangelsk and is developing now in the Northern Arctic Federal University. On gender projects in the Russian sector of the Barents Region, the Norwegian side allocated about 6.5 million kroons (more than S1 million). Within these programs and was created in Arkhangelsk in December 1996, the Center for Gender Research of Pomeranian state University (PGU) under the guidance of prof. Elena Kudryashova. It should be borne in mind that the introduction of the term Gender entails certain consequences. Modern sociologists suggest that "shears in sexual culture are inextricably linked with changes in gender order, the nature of the relationship between men and women ... At the same time, no" feminization "of men and / or" masculinization "of women and the formation of a certain" unisex "occurs, A weakening polarization of sexual differences and the associated social stratification "1. The main subjects and agents of these changes are not men, but women, social status, activity and mentalness of which are changing now much faster and radical than the men's psyche.
The United Nations regularly expresses concern about acts of violence and discrimination on the signs of sexual orientation and gender identity in all regions of the world. "
However, many researchers believe that the modern law, legalizing minority rights, gender equality, etc. Moves in the right, positive direction. At the same time, Sweden is often given as an example, where much attention is paid to the problems of family planning and sex education. It turns out that there is 250 youth sex education centers in Sweden. They are funded from local budgets. Centers for free advise adolescents on the psychology of interpersonal relationships, contraception, family creation. Provide those in need of contraceptives (free and in a preferential basis). But at consultations, the process does not stop: also "help to deal with sexual orientation." There are phones for which consultations on sexual issues and interpersonal communication issues and conflicts with parents and peers are also given.
Therefore, it is not surprising that "the so-called typical family (mother-dad-child) in modern Sweden is not so dominant as she was decades ago" 1. Currently, due to the increased amount of divorces, new types of families are dominated by: mother-child or dad-child. After the entry into force of the Partnership Act, open homosexual families became increasingly, where a completely different concept of family was developed. It pleases one thing that is still, despite the fact that the law equalizes the cohabitation of homosexual and heterosexual couples, adoption in the first families is not permitted. But alternative to traditional marriage forms in modern Sweden increase. "
Meanwhile, individualism and generated by them the priority of human rights and the cult of freedom does not correspond to the Christian understanding of the right. Let us give the statement of Patriarch Kirill in the anniversary X Congress of the Russian People's Cathedral: "In recent years, such trends in human rights are developing, which are evaluated by believers, at least as dual ... We are witnessing how human rights concept
loads are covered, not true, insulting religious and national values. In addition, the ideas contrary to not only Christian, but generally traditional moral ideas about a person are gradually integrated into a complex of rights and freedoms of man. The latter causes special concern, as the pricing power of the state, which can
make a person to commit sin, sympathize or conbecery sin due to banal conformism. "
And, indeed, the idea of \u200b\u200bhuman rights, devoid of spiritual constraint, becomes a new religion,
claiming global status. Human rights are postulated as the value prevailing over the interests of society. it
the superiority in 2005 was repeated in the UNESCO Declaration on Universal Bioethics Principles in next form: "Interests and benefit of an individual must prevail over the only interest of science or society" (Art. 3, paragraph 2). In Article 2 of the Constitution of the Russian Federation, human rights are also fixed as a higher value. As A.I. rightly notes Ovchinnikov, which "should be told about the peculiar ideological supremacy of the liberal interpretation of the human rights hierarchy, since it was in liberalism that other values, for example, the birthplace, a nation, family, state, etc." are not recognized in liberalism.
The processes of formation of a new neoliberal law and order are assumed to be non-alternative and absolute criteria for the delimitation of human rights from the rights and interests of other subjects of public life, such as families. For example, many Western countries experience a demographic crisis caused by the family crisis. The latter is caused by a change in different sides. family life, including relations to children. Foreign experience demonstrates very sad results of the development of juvenile justice. The main slogan of juvenile justice in the West: "Children do not belong to their parents." It was this leitmotif that he gave rise to the principle of the priority of the child's rights, as a result of which the rights of children are put on the rights of adults. In practice, this means that children have the right to submit to parents and in general on adults and other instances. And the court, guided by the principle of the presumption of the guilt of parents, as well as the priority of the rights of the child, becomes on his defense, disassembled conflict situations, and believes, above all, the child and tries to protect him in every way from parents - "offenders." As a result, the huge number of broken fates of the NZ of the native families of children. This is evidenced by the Western press, numerous books and publications.
Thus, the development of law in many countries, carried out on the principles of tolerance, causes conflict with traditional values. As it is rightly emphasized in the literature, Juvenile Justice, euthanasia, same-sex marriages and the like are one of the socio-constructivist projects. legal globalizationAlong with projects of global justice, dismantling the sovereignty of national states, humanitarian interventions, building a transnational law enforcement on the principles of European legal response and legal policies based on European socio-political standards and ideals.
In modern philosophical legal thought and legal practice, everything is clearly felt by the lack of spiritual and moral and value-regulatory grounds. An analysis of traditional legal issues is reduced mainly to discuss the issues of the effectiveness of law, legal regulation, the effectiveness of individual legal institutions, regulatory impacts, and so on. Fragmentality, situitation and contextuality fully displacing the ideal of integrity, harmonicity, hierarchy. Modern legal reality is in philosophical and legal thought as a "torn space" of unique regulatory interactions, and the systemic integrity and hierarchy of the socialocravoidal forms of just a myth, designed and supported by the case of lawyers 1.
The holistic image of a person (as an ideal moving, implemented in the likeness, in the similarity), the idea of \u200b\u200bthe unity of the subject of law (as a single free will or subjective idea of \u200b\u200bfreedom) is replaced by ideas that a person is difficult to organized and contrary to the substance formed by various socio-political and formal regulatory projects. At the same time, it is justified that the integrity of the individual, its individuality and subjective features should be the structures as obsolete and abstract categories: "There is no single, whole subject, and there is rather multiplicity of a subject's actions ... Disagreeable aesthetics makes a decay of the subject - a moment in which subject It comes through the language, thought, letter and social behavior without any obvious feeling of composure.
From our point of view, these directions for the development of philosophical and legal thought, the present passion "fashionable" and original concepts, not only break the connection of continuity with the national intellectual tradition, Russian philosophical and spiritual anthropology; But replacement (distort and destroy) the basis of the viability of the state, society, personality, in their system relationship.
In this regard, it is rightly noted that there is an intellectual shift from the description of the Russian government-based space as a "transitional", "split", "transitive", "injured", and so on. In the direction of the analysis of high-quality characteristics, allowing not so much the effectiveness of a political and legal organization (by itself, the category is technical and dubious), how much vitality and reproduction of civilization space 1. At the same time, the viability of the category is not a socio-economic, but a socio-moral, expressing, above all, spiritual, cultural and socio-psychological characteristics of society and a certain type of personality.
The historical and sociological school of law has long proved that the legal system is, first of all, the spiritual phenomenon of a particular society that does not have only pragmatic, material cut. In spiritual and moral, the measurement of the right is secondary and relies in its functioning to the foundation of the spirituality, without which the legal mechanism, as without lubrication, cannot fully function: "The laws in society do not act when the morality falls, because legal laws are secondary.
the derivative system from its foundation - the universal morality, taking place in the Christian commandments. And if this basic morality is destroyed, then legal norms fall into emptiness "1.
In this regard, the right, power, the state is directly related to spiritual and moral dimension. Throughout the evolution of state-legal forms of organizing human life, the spiritual and moral element (first of all, through a specific religious system) was, as G.V.F. Hegel noted, not only woven into this story, but moved it. "And naive To believe that inclusion in the Western European intellectual trend and forming a "decent Europe" right, we will finally stand on "civilized rails" of state-legal development. In contrast, modern Western European civilization is experiencing a serious crisis of spiritual and moral principles of public organization and value-regulatory coding. social development.
So, for example, Vittorio post notes that the entire 20th century of religion and religious flows were pursed, dishearded out of public relations, while the whole institutional, legal and social organization, individual institutions and various public interactions lost any sustainability, spiritual and moral Basics, trust and stability. All this happened to the beginning of the era of the enlightenment and due to the processes of secularization and anticleryticism ^.
At the same time, the era of the secularization and formation of the national state was also characterized by the rapid development of the "total" ideological systems, which were supported, justified and sent human efforts to "design a new institutional reality" (P. Berger and T. Lukman) and a secular state. This is the period of "worldly religions" or "ideological quasi-religious systems". So, liberalism, socialism, fascism was secular quasi-religious systems with their specific values, spiritual and moral standards, "with their martyrs and ordinary believers" (A. Gramshi), tried to displace theological images and transcendental faith 1 from public consciousness.
As V. Strada celebrates, between these various, but in certain relations with related political religions, the struggle unfolded, and each in its own way, led this struggle, first of all, against the traditional Christian religion. "The XXI century, on the conviction of the Italian scientist, It requires a new merge of religious and secular, since even human rights and the dignity of the personality turn into an empty and abstract quasi-religious phenomenon, without a particular spiritual and moral content.
From the standpoint of Vittorio Assentity with which we fully solidarize, the revival of society, its stability and sustainability is possible not by flirting with postmodern concepts - "fragments", "illusory", "gloss", "rigorization" and other scientific metaphors, and in the direction
recovery of religious tradition: "Religious traditions can update inhale a new life in political language and on the agenda of the main problems ... in the XXI century other form of interconnectionbetween policies compared with what form it consolidated over a certain period, which will be able to prevent new adversity for religions, components of world civilizations (Italic My - M.F) "1.
So far, the Western European Intellectual Tradition and Research Practice, and Following them and modern Russian philosophers, political scientists, lawyers, try to find adequate forms of such a transition and the possibility of "reconciliation of religion and law" (G.J. Berman), it is appropriate to recall that in the Russian philosophical and legal tradition this form has already been developed and justified by pre-revolutionary lawyers. And, in our conviction, this form (namely, Christian statehood) can be taken as a transitional, ensuring the restoration of the spiritual and moral foundations of state-legal development in the 21st century.
In the history of political and legal teachings, theoretical and programms of formation and construction of the Christian theory of statehood are practically not considered. As part of the history of law and the state, as well as in the system of philosophical and legal knowledge, two arguments of the the monitoring of the state are dominated, this is theocratic and monarchical paradigm. Last or less thoroughly studied in specialized literature, various approaches to typology and classification of both monarchical and theocratic forms of government and the corresponding religious and political foundations of the organization of public life are proposed.
However, in the literature, the special form of the the monormatical and religious and political organization was not received, which is often accepted as the "Christian state". Actually, this ideological-theoretical design is used arbitrarily in different contexts, it sometimes applies both both to the designation of theocratic states and monarchical. From our point of view, it is, to put it mildly, incorrectly, because christian state " is an concept specific And describes the processes of the organization of the state, the principles of the development of the right system, religious-appropriate standards, etc., only in relation to Western European and Eastern European civilizations.
Moreover, the relevance of the consideration of this form of the state is due to the fact that the "Christian state" acts as interspic (mixed) form. This, of course, does not characterize it as an unstable, quickly overgoing (transitional), temporary, etc. In general, many researchers indicate that in state-legal practice, both in the past, so especially and currently quite a lot of typical (classical) forms of state 1. Moreover, almost from the beginning of the XVIII century to the present, numerous deviations from the so-called "clean", classical forms in the direction of the development of atypical models in both developed modern states and modernizing, developing countries are recorded. It was in this context that the philosophical and legal idea of \u200b\u200bthe Christian state was formed, which originally expressed various kinds of state science processes of development. "
FirstlyThis form of the state acted as a special transitional type of political and legal and spiritual and moral organization of the Company. So, Professor M.A. The reisner wrote that the complex centuries-old transition from the harmonious form of the development of the state and the church to their separation, to the formation of a fundamentally new format of the state-legal organization, "like any historical event, was committed (i.e. the transition process - M.F.) Immediately, not without intermediate steps, not without transient systems and theories. " From his point of view, the theory of the "Christian state" arose for several reasons: firstly, As an answer "on the collapse of the old religious system", as well as the effectiveness and legitimacy of the old the monormatical system for organizing social relations; but, secondly, With the activation of Christian ideas and the principles of life in the already functioning secular national states, which, in general, contributed to the "common turn of European politics towards Christian ideas."
Secondly, This type of state form was considered one side, as a reverse process, i.e. transition from a secular state to theocracy (or, more precisely, to the world theocratic statehood, for example, it is indirectly justified by V. Solovyov, where the Christian state is a national "preparatory stage" to the transition to universal world theocratic statehood); On the other hand, it is analyzed as a mixed type of a legal organization (for example, modern neo-meters - K. Bart, J. Marita, T'de Shaden, T. Schneider, etc.).
So, from the first point of view, the Christian state fundamentally investigated Russian lawyer M.A. Reisner, believing that the development of the theory of this form of the state led to the establishment of a special direction of state-legal evolution. The Christian state, the researcher noted, is a "transitional stage to the newest system of differences in the church and the state and the legal supremacy of this last over the church." At the same time, "the state and church is not the essence of two alien rival forces, but those who are at each other in relation to child and mother," where the Christian faith performs the basis, "the source (and not dogmatically established - MF) of the knowledge of power and its volume" . The basis of the organization of such a state is:
- 1) living consciousness that all power from God, and its implementation is related to the provision of the Christian good and human law, as well as the maintenance of subordinate to the execution of their appointment (or more precisely) on Earth;
- 2) the decisive expression of the Christian image of mention in state administration and law-conducting;
- 3) Permanent (systemic) concern for the true spiritual, physical and socio-cultural welfare of the population.
And the "project" of the Christian state, according to the thought of V.S. Solovyovova is based on synthetic theophilosophical thinking, removing one-sidedness of mysticism, rationalism and realism, combining all these forms of knowledge together. The main "creative credo" of Solovyov was the creation of Christian Orthodox philosophy (philosophy of society, law, state) 1. It is important to emphasize that he has created the first Russian categorical infant system that does not coordinate anyone and, above all, the Western European tradition. This philosophy of alliance permeates all the author's arguments related to the person, society, the authorities, the state, the right, progress, and so on.
Here, following V.S. Solovyov, the basis of the synthesis is laid mainly, the spiritual moral element. Thus, the moral expression of social life is possible only under the condition of the unity of personal and super-sufficiency, public. This in turn does not lead to the dissolution of the person in society, to its submission to the public whole, on the contrary, the specific individuality of everyone can manifest itself only within the framework of public life. Hence the statement V.S. Solovyov that "true individualism requires an internal community ™ and is in -ureless with her", without society, the person is not conceivable, according to his statement, in general.
Christian state, in the concept of unity V.S. Solovyov, must implement a certain "supercount",
"Messianic" idea. At the same time, it should be actively moral and subordinate to the religious start, as the ideal that should be protected and implementing the state in its legal policy is the basis of the internal spiritual and moral relations between the living forces of society. Therefore, the qualitative criterion for the perfection of the state organization for Solovyov is the degree of "penetration" of its idea, the expressive of which it is, i.e. The degree of ideality, moral dignity: "The case is not on the external security of those or other institutions that can be good or bad, but only in sincere and consistent efforts to improve internally all institutions and public relations that can become good, more and more subordinating them And the unconditional ideal of the free unity of everyone in perfect good. "
At the same time, the hierarchy moral beginning It is organized in the church, from where it comes from other, lower steps of the social system (state-legal organization and socio-economic system) 1. In other words, it was believed that this form would provide the transition from a purely secular organization of the legal life of society to the gradual establishment as the highest imperatives of the private and public life of the monorary and religious and political, will ensure the harmonious interaction of rational-designed institutions, industrial and industrial and technological processes The development of society with your values \u200b\u200bof the human dormitory ("Recognition of the Church and the recognition of the state, the innermost life of the Christian in God and his Civic Duty ... One does not contradict the other, and on the contrary, one can exist and act in parallel to another" ").
Fill the void of existing institutional legal and political structures deep internal contentwill give them spiritual and moral value and legitimacy (the problem of sin, a particular sinner communicates in the Christian state not only with faith, but also with human rights issues. This relationship of human rights and faith, according to one of the leading modern Christian philosophers of Charla Barta, "The internal connection, which is necessary, due to which human right, together with the divine justification in a sense, becomes the subject of Christian faith and Christian responsibility and, together with the Christian confession," ^.
Another famous Christian philosopher Right J. Marita noted that the personality (as well as institutions that ensure sustainable interaction between them) "is at the same time part of a political society and something higher in relation to it - due to the fact that there are timeless or eternal in it, in her
spiritual interest and finite purpose. " In turn, various orders in the Christian state, in his opinion, (legal, political, socio-economic, etc.), as well as ensuring their sustainability, social institutions are subordinated (or must be subordinated) "the absolute dignity of a person and its timeless aspirations as goals of a different order - goals coming out for the participles of political society. "
At the same time, only the Christian state can ensure the real embodiment of humanism (or rather, Christian humanism), human rights and the dignity of the individual in the political organization of society. Only Christian integrative humanism leads to the formation of harmonious, undeformed state-legal thinking and offers an alternative model of democratic statehood based on the interaction of spiritual and moral (truth, good, justice, beauty, mercy, mutual assistance, etc.) and material valuesOvercoming class antagonisms. This alternative project should be a response to the historical challenges of the Marxist, Soviet, fascist and liberalistic concepts of the state-legal and socio-political organization, each of which aims to form a new type of person and a new type of social medium. Moreover, each of them forms its own quasi-religious system, which supports the atheistic faith in the ideology, the secularized mind, clean rationality; And also forms a specific activity of vital activity with its system of etiko-social dogmatics.
Rubezh XX - XXI centuries was marked by the implementation of a major breakthrough on a number of key areas of scientific and technological progress, which caused the creation of a single global information space, deepening and diversifying international economic relations, the emergence of new revolutionary technologies in industry and medicine. These factors attached the interdependence of state global. However, along with the additional possibilities of socio-economic progress and the expansion of human contacts, they also spawned new dangers of large-scale economic crises, man-made disasters, the growth of international terrorism and transnational organized crime.
As emphasized by the heads of states and governments in the final document of the World Summit, adopted on September 16, 2005 in the form of the UN General Assembly resolution: "Today, more than ever, we live in the global and interdependence world. No state can stick absolutely mansion. We recognize that collective security depends on effective cooperation, in accordance with international law, in the fight against transnational threats. "
In recent years, there has been an obvious trend of narrowing the possibilities of national governments to solve pressing problems in local, limited scales, without close coordination of their actions with the governments of other countries. Integration processes occurring in the political, economic, information, spiritual fields cause the need for increasingly close cooperation of national legal systems both with each other and with an international legal system.
"In the new conditions,
perfectly notes I.I. Luke-
shuk, - traditional self-regulation mechanisms, such as balance of forces, are unsuitable and subject to replacement of targeted management mechanisms based on democratic cooperation. The balance of forces must be replaced by the balance of interest. Harmonization of common I.
national Interests
the guarantee of those and others, the basis of the new world
order. A fair order may have a reliable support not in equality of forces, but in equality of rights and obligations, as well as in special responsibility of powerful powers. "
Intensification of globalization processes occurring in modern world, could not not affect the further development of the teachings on the legal system within, as general Theory Rights and international legal doctrine. Therefore, a distinctive feature of many developments of domestic scientists of recent years is a more thoughtful and weighted attitude towards the concept and maintenance of the terms "Legal System of the State" and "International Legal System".
So, in the textbook on the theory of state and law edited by V.D. Perevalov The legal system of society is defined as "a holistic complex of legal phenomena, due to objective laws of the development of society." The regulatory subsystem of this complex may include both the norms of domestic and international law. At the same time, international law itself is determined in this work as an independent legal system, which is closely interacting in the regulation of domestic relations with national law.
This point of view can be found in the work of M.N. Marchenko, who notes that "international law as a relatively independent legal system is in close connection and interaction with other, relatively independent national legal systems, as well as with an interstate system ... It should be considered as the subsystem of the interstate system, simultaneously serving attitude towards him as an environment. " About international law as a special structural unit in the general system of law, A. B. Hungarian.
At the same time, in a number of works and today you can still meet a completely correct idea of \u200b\u200bthe nature of international law and its role in the modern world. So, for example, N.I. Matuzu is aware of lectures on the theory of state and law, on the one hand, it completely rightly indicates that "international law is not included in any national system of law, so no state can consider it to be his own." It also causes any objections to his thesis that the announcement of international law by the Constitution of the Russian Federation part of the Russian legal system, "does not mean that it enters the system of law of the Russian Federation as an independent industry." However, on the other hand, N.I. Matuzov notes that the international law "occupies a special (supranational) place" and argues that in the legal system of the Russian Federation it is included "not in full on its entire volume, but only to the extent that the source of the country is acting and does not contradict its national interests . It is primarily about such rules that are aimed at maintaining the law and order and stability in the world. "
Recent statements can hardly be recognized as fair, as they are not only questioned by the conciliation (interstate) nature of international legal normsbut also unreasonably declares that they should be considered as sources russian lawand also put forward additional conditions Their implementation in our country. It is interesting to note that in the same book V.N. Sinyukov, lifting legal arrays, existing in the modern world, refers to their number of national legal systems, legal families and groups of legal systems, but nothing speaks about the place and role in this series of international law.
As for the attitude of the national international legal doctrine to the problem under consideration, it is determined today, in our opinion, the following highlights. Firstly, at its framework, attempted to make the concept of "legal system" "technical" character, put a sign of equality between the categories of the state system of the state and the "right state". Secondly, as a result, most Russian international lawyers declare the inadmissibility of the classification of international legal acts to the number of sources of Russian law. "The norms of international law - emphasizes, in particular, S.Yu. Maroch Kin, - within the framework of the legal system of the Russian Federation, do not become the norms of Russian law, and the sources of international law - sources of Russian law. By nature, these norms occupy a separate position in the legal system of the Russian Federation, they function along with Russian law, should be interpreted and applied in the light of the goals and principles of international law and a specific agreement ... and not from the point of view of the relevant domestic law. " V.A. Kanassevsky also argues that "the category" source of law "cannot be used to explain the action in the state of the norms of other legal systems ... The international norm cannot be considered in the separation from its form, since in this case it loses the quality of the legal norm. In recognizing the quality of the legal norms for international norms, this state participated in conjunction with other states. Consequently, they cannot be considered as sources of law of this state and occupy a separate position in the legal system of the country. "
In the framework of the legal system of Russia today it is customary to distinguish between two concepts: "The right of the state", as a totality of the legal acts and regulations created by its bodies and norms and the "right used in the state", as a combination of all regulatory prescriptions to be implemented in the sphere of domestic relations and (or) According to the jurisdiction of the state and the competence of its bodies. The second concept is wider the first, as it covers not only the national law of our country, but also recognized and applied by the Russian Federation of international law, as well as the norms of law of foreign countries.
The third principal moment is the attitude of the modern domestic international legal doctrine to the content of the term "National Legal System". In some studies, it is identified with the "right applied in the state". Supporting this approach the authors, as a general rule, do not see the need to expand the content of this term due to the inclusion of the ideological, institutional or trust components into its composition. So, for example, P.N. Biryukov notes that the "Legal System of the Russian Federation (in the context of Part 4 of Art. 15 of the Constitution) represents a combination of legal norms used in our state - Russian, international and foreign law." A G.M. Veliamen believes that "independent legal order (system) is a combination of legal sectors, sub-sectors and institutions that make together a whole separate, interconnected system (independent of other systems) legal norms. "
Another group of international lawyers in determining the content of the term "National Legal System" seeks to preserve the approach of the general theory of the right to this issue with the addition that they include its content and norms of international law. "Legal system of the Russian Federation, - S.Yu. notes Mochkin, - it seems as a complex of all phenomena of legal reality - not only domestic, but also related to international law. It includes legal norms operating in the country (the right of the Russian Federation, as well as the norms of international law and foreign law with state sanction); Legal activities (activities of all organs, institutions and other actors on the creation and (or) implementation of legal norms operating in the country) and legal ideas, presentations, theories, views, doctrines (legal consciousness in a broad sense). "
At the same time, in the modern domestic international legal doctrine, there is little attention, in our opinion, is given further development Teachings on the International Legal System. In the works of the overwhelming majority of authors, it continues to be identified only with the international law system from the point of view of its structural organization. However, some scientists are trying to look at this problem wider. For example, Professor I.I. Lukashuk is convinced that the global socio-economic system defined by him as the "world community" was formed in the modern world. As its control subsystem, the international community is the main subjects of which are states. According to I.I. Lukashuk today we can say that the international community has a rather branched control system, an effective rule-making mechanism, common system values \u200b\u200band developed legal consciousness.
The scientist believes that the evolution of the global community occurs within the framework of informal and formal integration processes. The first is carried out regardless of political decisions, following objective patterns. The second manifests itself in political decisions and legal norms that stimulate or reorient natural processes, and also counteract their negative consequences. In informal integration, the main role belongs to individuals and legal entities, in the formal - states with the ability to establish mandatory rules and make decisions. The main task of international law and other social norms In the framework of the global socio-economic system - the satisfaction of its regulatory needs
regulation of international relations, the goal is to form an international
native legal community, "i.e. Community-based on the right, providing the rule of law, primacy of the rights in politics. "
As part of this theory and the theory of the "international regulatory system" I.I. Lukashuk, responding to the cardinal changes occurring in the modern world, significantly expanded its idea of \u200b\u200bthe content of the regulatory and regulated subsystem of the "universal system of international legal regulation", the concept of which was formulated by him in the 70s of the last century. The first of these subsystems, in his opinion, should include not only legal, but also moral and political norms, and the second cover not only interstate, but also others public relationshaving an international character.
From the point of view of L.P. Anufrieva, "International Law, forming an independent system of law, appears in the form of a system in his own sense of the word in the international" coordinate system "in which it exists along with other subspecies of systems:" system of international relations "," international interstate system ", "Global, regional and local international subsystems." She also mentions the term "global legal system", whose concept covers, in its opinion, as national legal systems,
so the system of international law. At the same time, however, no of the indicated concepts L.P. Anufriev does not give a detailed definition.
Own vision of the world community as a global social system can be found at N.E. Three. She believes that it is formed by the public relations between states, organizations and individuals of both international and non-international nature regulating these relations and norms, as well as institutions and mechanisms for the implementation of international law. "Central place in this system, N.E. notes Tyurina, - occupies international law as a regulator of international interstate relations (international public law), international non-governmental relations (international private law) and domestic relations (due to the recognition of international law or its part - international treaties - as a relationship regulator).
On the formation in modern conditions of the global social system, said V.M. Shumilov. Like other Russian researchers, he believes that in order to regulate the relations arising within this system, states may resort to a wide range of funds and methods of both legal and non-law. At the same time, his idea of \u200b\u200bthe legal component of the specified system is distinguished by a well-known novelty. She, according to V.M. Shumilova includes the following four legal structures: domestic law (regulates the domestic relations and attitudes of a private institution with a foreign element); international law (regulates relations between states and other "public persons"); transnational law (regulates relations between individuals in those issues that are not regulated by internal or international law); Supranational law (regulates relations in the spheres of supranational jurisdiction generated by global problems and interests). Qualitative unity between the specified legal phenomena V.M. Shumilov proposes to refer to the "Global Legal System".
Thus, it can be stated that the modern Russian international legal doctrine is gradually moving away from a narrow understanding of the international legal system as a system of exclusively interstate relations regulated at the legal level by the norms of international public law. In its framework, awareness is aware of the fact that the exception of the subjects of the international legal system of non-state actors, and, above all, individuals and legal entities, as well as the denial of the possibility of international legal regulation of relations with their participation, does not correspond to the modern practice of developing international relations, nor existing mechanisms and methods of their regulatory regulation.
In conclusion of this section of the work, several words must be said about modern foreign concepts. international systemAnd about the role that is given in their framework by international law. New tendencies of these concepts, as in our country, had new trends in world social development, which were particularly obviously designated at the turn of the XX and XXI centuries and led to the decay of the system of international relations based on the confrontation of blocks of socialist and capitalist states. The in exchange of the Bipolar World of the Cold War, a dynamically developing new complex world system, characterized by multipolarity and the multidimensionality of all components components, has come. These changes revived the hopes of many foreign political and scientific figures to the essential rapprochement of the East and the West and, as a result, building a single world community based on universal values, the principles of mutual assistance and cooperation of all states of the world.
So, for example, the German professor J. Delbuk, determining the international system, first of all, as a system of interstate relations, as well as relations arising between individual countries and the international community as a whole, notes that today "we can observe new areas of cooperation between states, who used to be in opposition to each other or kept each other at a distance. As a result, the new impetus received the activities of international organizations of a universal and regional nature and, in particular, the United Nations. Their strengthening, along with the development of other areas of institutional cooperation, is currently recognized as a key prerequisite for achieving new stability within the international system. "
J. Delbruk specifically emphasizes the need for a new realization of the importance of international law as a legal framework of a comprehensive and stable world order. " However, increasing the efficiency of international law in the modern world, according to a scientist, does not give grounds for attitudes towards him, as a global or global law. "The imperfection of the mechanism for the implementation of international legal norms and still retaining its meaning of the paradigm of state sovereignty," he writes, "do not allow to talk about the possibility of changing the interstate nature of international law."
Nevertheless, according to the overwhelming majority of foreign authors, the modern international law can already be treated as a regulatory structure intended solely to regulate interstate relations overlooking national borders. "In the 20th century, - notes the American professor D. Bachemman, - States have ceased to be the only subjects of international standards. This undoubtedly became one of the most significant changes in this area of \u200b\u200blaw, having made it possible to apply its norms regarding the wide range of individuals, institutions and commercial
acceptance. "
Professor of the University of Pittsburgh R. Brand also agrees that in the past century, the development of "direct links between individual and international law". In his opinion, today "international law in some cases refers directly to individuals. The state remains the body that represents their interests in the development process. international norms and mechanisms, but it can no longer always interfere in the situation in cases where such rules are applied, and mechanisms are carried out. " The Finnish lawyer E. Paasi-Verta agrees with him, who believes that modern international law is not limited to the regulation of interstate relations and covers relations between individuals and other non-state formations.
As one of the characteristic features of "new international law" in the Western legal doctrine, the increase in the role and importance of international organizations in the process of regulating relations between states, as well as in carrying out control over their activities. Some foreign researchers believe even that today should be talking about the displacement of powers to create, interpret and lead to the implementation of the norms of international law from national governments to international organizations.
A rather interesting point of view on this score is an Italian Professor W. Mattei. Characterizing the essence of the process of the evolution of modern international law, he notes that in theory, and in practice there is a departure from its traditional understanding of a decentralized system of legal norms based on territorial supremacy and the inviolability of state sovereignty. The international law acquires the features of an increasingly centralized structure, which gradually brings him closer to the national legal systems of individual countries. "Today it is considered," the scientist indicates, - that international law is a combination of positive standards, the main sources of which are contracts and customs. Tomorrow we, most likely, we will assume that the international is a worldwide legal system based on homogeneous
native law
and universally divided law enforcement ideals. " The first steps towards the formation of this updated centralized legal system, according to W. Mattei, have already been made in the process of establishing a number of new international codes, vessels and even international prisons, which today has received wide recognition on the world arena.
At the same time, U. Mattei is quite sure that international law, as, however, the national legal systems will be in the future will be under reinforcement of the year from year to exposure to the legal doctrine and legal institutions of the United States, which will ultimately lead to the formation of a certain "imperial rights, "based on the standards and values \u200b\u200bof the American jurisprudence. "The creature of the current stage of the development of global legal consciousness," he emphasizes, is to his ubiquitous Americanization. "
Considering the content of modern theoretical views on nature and the essence of international law, it is impossible not to note the fact that in the overseas legal doctrine in recent years, the concepts of international legal norms have doubted the legal nature of international legal norms and prove the need to change the concept of international law . So, for example, American professor E. Guzman believes that to modern international law, in addition to traditional contractual and ordinary sources, Any promises or solutions that are able to have a fascinating impact on the behavior of a material or reputational behavior are. Therefore, according to E. Huszna, the concept of international law should acquire a functional color and reflect the being of the impact of such promises and solutions to the motivation of externally
lithic steps of various states of the world
However, the majority of foreign researchers still do not consider it possible to combine legal and non-law regulators of public
relations "under the sign" of international law, recognizing the existence within the framework of the international system not only legal, but also other international regulatory structures. "The right is not the only way, with the help of which relations overlooking the national borders are in order, indicates, for example, an English lawyer-international M. Show. - This is just one of the impact methods for a complex and volatile system of such relations, the prestige and the influence of which are based on mutual assistance on themselves the right of certain obligations. Law and policies should not be divided. They are in constant close cooperation. None of these disciplines can impart the value of another.
The evolution of views on the subject and subject characteristics of international law and its role in the foreign legal doctrine and its role in modern international relations could not affect the ideas of Western scientists about the parameters of the international system, the regulatory subsystem of which, as is well known, is international law. Today, many of them believe that among the subjects of this system, in addition to states and interstate entities, individuals and non-governmental structures are also classified, relations with the participation of which are regulated by international legal norms. "It is absolutely clear," the same M. Shaw emphasizes that modern international law is functioning in a special, concrete global system, including a number of actors from states to international organizations, companies and individuals, and, therefore, it is responsible to the need and aspirations. Such subjects. "
With the expansion of the scope of international law and the gradual strengthening of the institutional framework of bodies, ensuring the implementation of its norms, the idea of \u200b\u200bthe principal similarity of international and domestic legal systems is becoming increasingly recognized in the overseas legal doctrine. As the American researcher U. Asevez indicates, "the international system in a certain sense is a reflection of the domestic society; Its norms, rules and institutional structures are different in shape, but not essentially. "
Against this background, in Western political and legal schools, a significant reduction in the number of supporters of the "realistic" concepts of the international system based on the abstract on the anarchy of the international community and the principled impossibility of coincidence of the interests of various states of the world has occurred. Whole line Foreign authors are considered today that these theories "are not able to reflect new features of the Global Society, including the increasing vitality of the norms of international legal and international institutional structures."
With a reduction in the influence of the "realistic" school in a foreign legal doctrine, the importance of other legal concepts challenging the justice and legitimacy of the construction of a modern international system increased significantly. Among them, among the most famous, it is possible, in particular, to call the "critical theory of legal education", "critical racial theory", "the theory of critical feminism" and the theory of "LA1SMP". With all the disagreements that exist between these concepts, their adherents agree on the thoughts that the rules, rules and institutions of the modern international system are socially constructed, created and are protected by the non-international community as a whole, but by certain dominant groups (racial, cultural, political, economic, economic , intellectual), functioning in its framework. Therefore, these norms, rules and institutions cannot equally reflect and protect the interests of all subjects of the international system and, therefore, should be revised.
Completing a brief historical review of the development of the concept of the legal system in the modern doctrine of law and by no means applying for its fullness and comprehensiveness, I would like to turn to the thought of A.M. Vasilyeva. For two more decades ago, he emphasized that the "Legal System" category does not cancel others. legal termsis not synonymous, but carries an independent scientific burden, denoting the concept synthesizing our views on all legal structures Life. Currently, this fact in the overwhelming majority is recognized by the theoreticals of law, and international lawyers. For that, for another group of researchers, despite the diversity and contradictions of the proposed points of view, a single conceptual approach to understanding that should be the subject of studies conducted in the study of the concept and content of international and national legal systems are characterized.
In very general This subject, in our opinion, includes the following four main blocks of problems: 1) the establishment of the nature and structure of the regulatory framework of the relevant legal system; 2) definition of a list of its main components; 3) identifying the nature of systemic relationships arising between them; 4) the characteristics of the mechanism of functioning of the legal system and its interaction with other system complexes of a similar target destination. The consecration of these issues will be devoted to the subsequent sections of this dissertation research.
In conclusion, we note that, despite the presence of a number of encouraging signs, indicating the opposite, in which representatives of the domestic branch of jurisprudence preferred not to notice the existence of international law as an independent regulatory structure and, therefore, did not consider the dynamics of the development of national legal systems, taking into account the impact on Of course, they cannot be fully overcome international legal norms. By figurative expression Yu.A. Tikhomirova, "So far, the greatness of the" external shadow "is only silent, and still do not see new trends in the world development of the right, rapprochement, a kind of weave of different faces, while a systematic understanding of the content of h. 4 tbsp. 15 constitutions persistently dictate a look at this problem. "
On the other hand, the level of studies undertaken in the field of studying the concept and content of the international legal system, as a complex multi-level socio-normative phenomenon, can also be recognized by the relevant the practical tasks that the Epoch of Globalization places in front of modern science in which humanity entered. In this area, with a rare exception, there are practically no fundamental development, the content of basic concepts is only designated, the terminology is confusing and contradictory. Therefore, it can be useful that rich experience of studying the qualitative and quantitative characteristics of national legal systems of individual countries, which has already been received within the framework of the general theory of state and law, and which, according to our deep conviction, can and should be based on the phenomenon of international legal system.
With regard to the overall conclusion, which can be made on the basis of a study conducted in this chapter, its main content is reduced to the fact that in the second half of the XX-early XXI century, the need for an approach to international law was aware in the domestic and foreign international legal doctrine. , not as a frozen system of legal prescriptions, but as an element of a wider system structure, evolving in the process of interaction with it and providing this design that defines the regulatory impact on this design. Cropped by the completion of the Cold War and the emergence of global problems a change in the social environment, within which international law is functioning, has created the necessary prerequisites for increasing the integration of the global community and strengthen the influence of legal factors for its development. Moreover, distinctive feature Modernity was the spread of international legal norms on a wide range of relations with the participation of individuals and legal entities.
Under these conditions, a qualitative analysis of the effectiveness and being of the process of impact of international legal norms on the public relations regulated by them should assume not only the study of the content and internal structure of the international law system as a set of legal prescriptions, but also determining the parameters of its relationship and interaction with other elements of legal reality, structurally and functionally necessary for the normal operation of the mechanism of legal regulation. Achieving this goal is impossible without active appeal to the educational, scientific and practical work to the category "Legal
system ", which has not only national, but also international" projections ".
- See Concept foreign Policy Of the Russian Federation // International Law. - 2001. - № 1. - P. 434-435.
- Outcome document of the 2005 World Summit [Electronic resource] // Doc. UN. A / Gai / Bo / I dated September 16, 2005 - Access mode: http://www.un.org/russian/summit2005/outcome.pdf. - [Calling date: November 16, 2005].
- Lukashuk I.I. Norms of international law in international regulatory system. - P. 14.
- The theory of state and law: a textbook for universities. / Answer ed. V.D. Peretsov. - 3-є ed., Pererab. and add. - M., 2004.-s. 290.
