Legal doctrine regulatory legal act. Religious monuments (ancient religious texts). Legal doctrine as a source of law in the history of various legal systems of the world

The concept of legal doctrine

Definition 1.

Legal doctrine is a harmonious and holistic system of principles, views, concepts, ideas, ideas and moral norms of law due to spiritual and intellectual development, political and legal culture and moral principles of society.

This phenomenon received its distribution in ancient Rome, where the opinions of such lawyers as Papinian, Guy, Paul, Ulpian and Modestin were recognized as mandatory for judges. Starting from the emperor of August, these authors received the importance of JUS Respondendi, that is, the judge when making a decision could refer to the opinion of one of the above lawyers.

In the future, this phenomenon did not receive its development as an independent source of law.

Modern legal systems, for some exceptions, do not contain the rules for the use of the doctrine as a source. An example is Switzerland, in the civil law of which it is possible in the event of a gap in the right to refer to the opinions of authoritative lawyers' scientists.

It is different in the Muslim system of law, where the works of prominent scientific laws have always been and still remain the usual source of law to which the court can always refer to.

Definition 2.

The legal doctrine, including, is a system of prevailing presentations and views on the right, with the help of it, it is possible to create a creative transformation of all parts of the legal system: legal consciousness, law-conducting, relatives and positive law.

Legal doctrine in Russia

In Russia, there are such regulatory acts as a military and environmental doctrine, the doctrine of information security, which have nothing to do with the opinion of reputable lawyers, as they are regulatory. At the same time, the place of these regulatory acts in the general hierarchy of the country's laws is strictly not established and, in fact, remains unclear.

Civilian, family, arbitration and procedural codes recognize that foreign law standards are determined by their official interpretation of the doctrine of the relevant foreign state.

In Article 38 of the Statute of the International Court, the source of law that can apply the International Court of Justice is the doctrine, that is, the opinion of the most qualified lawyers in the field of public law.

In other words, in such a situation, the legal doctrine as a source of international law is recognized.

One way or another, the place of legal doctrine remains indefinitely in a single system of sources of Russian law. Legal doctrine plays an important role and can indirectly recognize as a source of law only by virtue of its actual recognition in creating and formally legal consolidation in the laws of such phenomena as:

principle of law;
legal definition;
interpretation of the rules of the right of the highest court;
the procedure for the resolution of collisions;
ways of registration of legal documents;
legal presumption.

Classification of legal doctrines

Legal doctrines can be classified in accordance with:

form of expression - to be written and unscrew;
attitude to religion is religious and secular;
application scope - international and national doctrines;
method of validation - mandatory execution and recommended;
content - copying other legal sources or carrying independent legal significance;

Application in legal practice of legal doctrines may be due to such circumstances as:

gaps, contradictions, uncertainty in positive law;
general adoption of doctrinal views by the community of lawyers;
the authority and spiritual and cultural foundation of the legal doctrine.

Chapter 1. Legal doctrine as a source of law: the concept, species, genesis.

1.1. The concept of legal doctrine.

1.2. Place of legal doctrine in the system of sources of law.

1.3. The genesis of the legal doctrine.

Chapter 2. Legal doctrine as a source of law in the history of the legal systems of the world.

2.1. Legal doctrine as a source of law in the history of Roman law.

2.2. Legal doctrine as a source of law in the history of English law.

2.3. The history of the Muslim legal doctrine.

Chapter 3. Legal doctrine as a source of law in the history of Russia.

3.1. The spiritual and moral and historical factors of the formation of the legal doctrine in Russia (VI - XVI centuries).

3.2. The evolution of the legal doctrine in Russia in the XVI - XX centuries.

Recommended list of dissertations in the specialty "Theory and History of Law and State; History of the teachings on the right and state ", 12.00.01 CIFRA VAC

Doctrine in modern right 2006, Candidate of Law Sciences Zozul, Alexander Alexandrovich
Normal right as a structural and functional element of the National Legal System: Historical and Theoretical and Comparative Legal Analysis 2006, Doctor of Law Dashin, Alexey Viktorovich
Form of law: Theoretical and Legal Study 2005, Doctor of Law Sciences Bashno, Svetlana Vladimirovna
Customs and traditions in the legal system of the Republic of Dagestan 2007, candidate of law sciences Sagids, Aslan Magammadovich
Muslim law about the nature of power 2001, Candidate of Law Sciences Koshev, Svetlana Vladimirovna

The dissertation (part of the author's abstract) on the topic "Legal doctrine as a source of law: historical and theoretical issues"

The period experienced by Russia is characterized by a spiritual crisis - the loss of meaning and values \u200b\u200bof the historical being of society in the context of the struggle of various ideological flows (liberal, socialist-democratic, socialist, national socialist, Eurasian, Orthodox and other) and continuing socio-economic reforms. The prophecies were the thoughts of the Russian philosopher I.A. Ilyina that "the historical time, which fell into a share, was performed by a great and deep meaning: this is the era of the crash, the summary of the large historical period; This is the trial time: a certain historical and spiritual review is performed, a vital audit of human spiritual forces, styles and paths "1.

The spiritual quest for the Russian people, predetermining the preservation of Russia of their statehood, stability and sustainability in public life, cultural achievements, historical experience for subsequent generations, necessarily determine the conduct of research on the spiritual and moral foundations of Russian civilizations, including legal consciousness and legal culture.

In legal science, the close attention of the essence and significance of the doctrinal, scientific ideas about the right in the framework of the spiritual life of Russia and the legal consciousness of society is not paid. At the same time, the legal doctrine as a system of dominant ideas about the right is able not only to reflect legal reality, but also creatively converting all parts of the legal system of society - legal consciousness, law-conducting, relatives and positive law.

Deeidology of scientific knowledge, which has developed in Russia since the late 80s of the last century, along with the desire to objectivity, impartiality in the study of a person and society led to a fall in scientific interest in the field of science and ideology, to oblivion the role of the spiritual life of society. In addition, in legal science, a historical and comparative study of the legal doctrine as a source of law in the history of legal systems of peace and Russia was not conducted.

Finally, the need for the knowledge of the nature of the legal doctrine is determined by formal legal reasons. First, in Russia

1 Ilyin, I.A. The crisis of wormless / I.A. Ilyin. - M.: "Dar", 2005. P. 3. Continue disputes of scientists regarding the concept and system of sources of law. Moreover, disputes are exacerbated by the fact that the Federal Law "On Sources of Law" has not been adopted, which would have established the types and hierarchy of the sources of law in Russia, including the role of legal doctrine in the legal system

Secondly, in Russia, the doctrines (military doctrine, environmental doctrine, the doctrine of information security, etc.) appeared among the regulatory and legal acts received by the state, the place of which in the hierarchy of sources of law is not established by positive right.

Third, according to Articles 1191 of the Civil Code of the Russian Federation, 116 of the Family Code of the Russian Federation of 1995, the 14th Arbitration Procedure Code of the Russian Federation 2002. The content of foreign law, regulating relations with a foreign element is established in accordance with their official interpretation, practice of application and doctrine In an appropriate foreign state. Article 38 of the Statute of the International Organization of the United Nations to Sources of Law, which applies the International Court of Justice, refers the doctrine of the most qualified specialists in the field of public law. In other words, the Russian law recognizes the legal doctrine the source of international private, procedural and international public law.

Fourth, the importance of the legal doctrine in the system of sources of Russian law remains indefinitely under the conditions of its actual application by law-making and law enforcement bodies.

By virtue of these circumstances in this dissertation study, an attempt is made to study the nature and history of legal doctrine as a source of law in ancient Rome, England, Muslim states and Russia.

The object of the study is a system of social relations related to the emergence and evolution of the legal doctrine as a source of law in ancient Rome, England, Muslim legal family and Russia.

The subject of research is theoretical ideas about the laws of the emergence, development and functioning of the legal doctrine as a source of law in ancient Rome, England, Muslim legal family and Russia.

2 Statute of the UN International Court of 1945 // International Public Law. Collection of documents. Volume 1. M., 1996. P. 13-14.

The purpose of the dissertation work is to study the essence and history of the legal doctrine as a source of law in ancient Rome, England, Muslim states and Russia.

This purpose led to the formulation and decisions of the following tasks of thesis:

Studying approaches to understanding the legal doctrine, its functions and relationships with related categories (legal science, legal ideology, lawyers' right, etc.);

The knowledge of the nature of the legal doctrine as a source of law, the place of authoritative works of the laws of law in the system of sources of law, their advantages and disadvantages in relation to other sources of law;

Study of species and forms of expression of legal doctrine;

Studying the causes of legal doctrine and its significance in the legal system of society;

The knowledge of the process of formation of legal doctrine as a source of law and its relationship with other sources of law;

Study of the value of the legal doctrine in the history of Roman law;

Study of the role of legal doctrine as a source of law in the history of England;

Study of the history of the Muslim legal doctrine;

The study of the spiritual and moral prerequisites of the origin of the Russian legal doctrine in the VI - XVI centuries;

Cognition for the occurrence and development of legal doctrine in Russia in the XVI-XX centuries.

The degree of the development of the topic. The thesis of the dissertation study is one of the most unreveloped in domestic legal science. According to the designated topic, there are no special monographs.

The methodological basis of the dissertation composition is a dialectical approach to the knowledge of the emergence and historical development of the legal doctrine as a source of law, which implies the struggle of opposing principles of public existence, the legitarious nature of historical events and phenomena.

The scientific instruments of the work was built on the principles of objectivity, historicism and pluralism of knowledge of the history of the legal doctrine.

In addition, the work used general scientific methods of knowledge-issurate methods, systemic and functional to study the place of legal doctrine in the legal system of society, the impact of legal doctrine on public relations and legal consciousness, law quality, relatives and positive law. The work was used by the genetic (historical) method of research on the conditions and causes of legal doctrine in the history of legal systems of society.

Among the special, characteristic of jurisprudence, methods in the study were used: a historical and legal method aimed at studying the original sources on the history of the legal doctrine, the evolution of the works of the rights of law in the history of various states of the world; Comparative legal, associated with comparison of legal doctrines of ancient Rome, England, Muslim states and Russia, identifying in common and special; Formal legal, involving analysis and evaluation of sources of law.

The theoretical basis of the work was the work of domestic and foreign theoretics and philosophers of the state and the right: S.S. Alekseeva, B.C. Nurse, V.N. Sinaukov, I.A. Ilina, N.A. Berdyaeva, A.P. Semitko, N.M. Korkunova, P.G. Vinogradova, A.M. Velichko, B.N. Chicherina, V.V. Sorokina, R.V. Nasyrov, E.A. Lukasheva, Pukty, R. Jering, R. David, X. Ketz, K. Tsweiger, A.I. Saidova, M.N. Marchenko, S.E. Desnaistsky, V.M. Tail, L.I. Petrazhitsky, N.N. Alekseeva, S.V. Boshno, D.A. Kerimova, A.I. Kovler, S.A. Drobyshevsky, V.M. Shafirova, V.I. Leusushina, V.V. Ponomareva, I.D. Mishina, N.N. Tarasova, O.I. Tsybulevskaya, V.D. Perevalov, A.S. Shaburova, I.L. Solonevich, J. Bermann, R. Walker, L.R. Sukeyainena, V.E. Chirkina, T.V. Gubaeva, V.M. Raw, G.L. Hart, A.F. Chedanseva, M.S. Hydarova, I.Yu. Bogdanovskaya et al.

The historical and legal framework of the work includes works by foreign and domestic historians and lawyers: S.V. Yushkova, O.A. Chistyakova, B.A. Grekova, B.A. Rybakova, V.V. Skeynova, L.N. Gumileva, V.O. Klyuchevsky, S.F. Platonova, N.I. Kostomarova, N.M. Karamzin, V.M. Tail, M.F. Vladimir-Budanova, Z.M. Chernilovsky, V.A. Tomsynova, I.A. Isaeva, N.M. Zolotukhina, I.A. Pokrovsky, N.M. Bogolepova, I. Puhan, M. Polynak-Akimovskaya, R. Iering, D.V. Rain, I.B. Novitsky, I.S. Perezersky, E.A. Skripyleva, E. Jenks, R. Cross, M.I. Sadagdar, R. Charles, L. Massa, E. Annese and others.

The regulatory framework of the study was constituted by the Constitution of the Russian Federation, federal laws, regulatory acts of Russia, regulatory and legal acts of foreign countries.

The empirical basis of the dissertation work is the original sources on the history of the legal doctrine of ancient Rome, England, Muslim law and Russia: "institutions" of the Roman lawyer Gaya, Digests of the Byzantine Emperor of Justinian; Treatise of Ranulfa Glenville "On the laws and customs of England", "Laws and customs of England", "Notebooks" of Henry Breeton, "Institutions" Edward Coca, "Comments on English laws" William Blackstone; Sacred Book of Muslims Koran, Sunna of the Prophet Mukhamed; Book Beles, folk epics, "Word about the law and grace" Metropolitan of Hilarion, "Word about Igor's regiment", Russian truth, judiciary 1550, Cathedral Code of 1649, Code of Laws of the Russian Empire, Decreements of Soviet Power on Court, works with .. Desnasky, A.P. Kunitsina, M.M. Speransky et al. In addition, the work used materials from international, foreign constitutional and general judicial practice to apply the provisions of the doctrinal work of lawyers in specific legal disputes. The dissertation study analyzed the legal customs of various countries of the world, reflected in the doctrinal works and folk allegations (proverbs and sayings, folk epic).

The scientific novelty of the study is as follows:

The determination of the category "Legal doctrine as a source of law" is formulated;

The role of the legal doctrine in the system of sources of law is justified;

The evolution of legal doctrine is revealed as a source of law in relation to various legal systems of the world;

The work was introduced into the scientific turnover of the work of a number of foreign authors, recognized by the sources of law ("On the laws and customs of England" Ranulfa Glenville, "Laws and Customs of England", "Notebooks" Henry Breeton, "Reports" of Edward Coca);

The dissertations used historical and comparative legal methods to study the nature of the legal doctrine, as well as the combination of scientific traditions and creative innovation methods;

The mechanism of action of the legal doctrine in the process of legal regulation is substantiated;

The predetermination of the nature of the legal doctrine is disclosed by the spiritual traditions of society;

The regulatory possibilities of the legal doctrine in the protection of human rights and humanization of public life were studied.

The following provisions are argued during the study:

1. In its legal nature, the legal doctrine in rational form reflects the legal reality and has regulatory opportunities - according to ideological, educational effects on the will and consciousness of entities of law in order to believe them in the need for certain types of legitimate behavior. The embodiment of the regulatory function of the legal doctrine is that the latter is a source of law and acts as a form of expression and consolidation of legal norms.

2. Legal doctrine is a system of ideas about the right expressing certain social interests and determining the content and functioning of the legal system and directly affecting the will and consciousness of the laws recognized as a mandatory state by the state by reference to the works of authoritative experts of law in regulatory legal acts or legal practice due to their authority and generally acceptedness.

3. The legal doctrine acts as an informed source of law in all legal systems of the world due to the following reasons. First, the formal certainty of the legal doctrine is achieved through the written form of expressing the works of lawyers and the fame of the unwritten doctrine among professional lawyers and subjects of law. Secondly, the general obligation of the legal doctrine follows from the authority, respect for the lawyers in society, as well as the generally acceptedness and generally accepted work of lawyers in the legal corps and society. Thirdly, the implementation of the legal doctrine is provided by state authorization in regulatory and legal acts or judicial practice.

4. The legal doctrine acts as a primary source of law and prevails on legal strength in relation to other sources of law. The formation of legal doctrine as a legal doctrine is intellectual-volitional, targeted character for a long time as a result of the acquisition of scientific research qualities in society and the professional environment of lawyers and the use of it when regulating social relations. In modern Russia, the legal doctrine is a source of law by virtue of its actual recognition as generally accepted and authoritative in creating and implementing the right, as well as a formal legal consolidation as a source of law of international private and public law.

5. The principles of law, legal definitions, doctrinal interpretation of the norms of law, legal designs, the rules for the resolution of legal collisions, legal axioms, presumption, maxims, legal acts, legal acquisition rules, legal dispensing, legal entities, legal entities, legal entities.

6. Legal doctrines in the dissertation can be classified on: in the form of expression - written and non-postal; in relation to religion -religious and secular; on the scope of action - international and national; Depending on the valuation method - mandatory and letters; in content - reproducing other sources of law and direct, having independent legal significance; Depending on the circle of creators - personalized and collective; By distribution - universal and private; Forms of external manifestation of regulations of regulatory acts, conclusions on the interpretation and application of law in specific cases, the works of scientists recognized by the obligatory state in resolving legal disputes.

7. The methods of validation of the legal doctrine are: giving the work of lawyers commitment in regulatory acts; reference to the doctrinal works of lawyers when making a decision on a specific legal law bodies and other authorities of the right; The inclusion of legal doctrine into the text of the regulatory act. The lack of state approval of the legal doctrine does not mean its impossibility of actual action as a source of law.

8. Properties of the legal doctrine as a source of law are accuracy, validity, generally accepted, flexibility, accessibility for subjects of law and law enforcers, credibility, voluntary action, individuality, prognostic and regulatory qualities. The legal doctrine has a number of shortcomings - the abstractness and generalization of the language, the risk of reflection of the legal doctrine of narrow-social interests and corporate claims, rationalism and possible errors in understanding the right.

9. From other sources of law, the legal doctrine can be deregistered according to the following criteria: in the form of expression, the legal doctrine acts as an unwritten source of law, while the regulatory act, the regulatory contract has a written expression; The creators of the legal doctrine are persons who are responsible in the right, connoisseurs of law, while the regulatory act, regulatory agreement, legal precedent, judicial practice is formed by state authorities, and the legal custom is developing in the actual life of the whole society; The legal doctrine is inherent abstract, general nature, in contrast to the casuity, concreteness of judicial practice, legal precedent and legal custom; Legal doctrine, as well as legal custom, is implemented by subjects of law voluntarily, based on belief in credibility, generally accepted doctrinal provisions, while other sources of rights are fully respected under the threat of the use of state coercive measures; Legal doctrine is purposefully targeted by the corporation of lawyers, and legal custom is formed by a spontaneent society; The process of creating a legal doctrine is long and is not subject to the procedural rules; Legal doctrine is distinguished by peculiar ways of acquiring communities - the recognition of the state in regulatory and legal acts of certain ideas or works of lawyers, the use of judicial bodies of the work of the laws of law as a legal basis for decision-making, the actual action of the legal doctrine, due to its observance by the laws of law.

10. Legal doctrine For the first time as the official source of the right, formed in ancient Rome due to the need to eliminate the contradictions, uncertainty of legal norms, gaps in the positive right, knowledge, processing and publishing of the customs and laws of Rome, as well as providing protection of order in public life by compliance with law enforcement The process of relevant formal and ritual rules unknown to the subjects of law.

11. The study of the history of various legal systems of the world allows you to formulate universal patterns of the emergence and evolution of the legal doctrine. First, the recognition by the state or the actual action of the legal doctrine as a source of law in all countries of the world is due to the fact that outside the corps of professional lawyers, the right loses its social importance, the spiritual meaning, since it does not have excuses from lawyers, and deprived of the creation mechanisms elimination of contradictions, gaps, interpretation and implementation. Secondly, the rooting of the legal doctrine in the spirituality of the people, expressed in the fact that the knowledge of the right was the lot of priests, the elders who received from the Supreme gods along with Revelation, the Divine Truth Truth - the right - the eternal and immutable order of the Universe, and the legal profession had a sacred ideal - Definition of the Divine Higher Beginnings - religion, the morality of the people, the provision of unity, the order and predictability of public life. Thirdly, the autonomy of the corps of lawyers towards state power with the need to entail the recognition of the legal doctrine as a source of law by society, and subsequently the state. On the contrary, the submission of the corporation of lawyers to the state, the intervention of the authorities into the organization and activities of legal communities determines the fall in the authority, the role of legal doctrine in the system of sources of law, creates the crisis of creativity, paralyzes the prognostic and regulatory possibilities of the legal doctrine.

12. The domestic legal doctrine carries the spiritual and moral principles and images that arose in the era of the formation of the Russian people and statehood - V - VII centuries. - The ideal of the People's Truth-Rule - Eternal and Divine Law, which determines the universe and the meaning of the life of the Russian man, the coat, the state, the unity of law, religion and morality, the priority of the Orthodox ideals of good, love and beauty. Historical data and comparison of the Russian legal culture and legal culture of Western states make it possible to assert the originality of the originality of the right, the legal doctrine of Russia as a state in which the legal values \u200b\u200bare not denied, and the spiritual and moral foundations of the right as truth, and not a legal law, are presented. The institutional status of the legal doctrine acquired in Russia in the second half of the XVIII century. In connection with the European Reforms and the Institution of the Moscow University in 1755 and the emergence of the first lawyers' scientists. During the century, the Russian legal doctrine was not the originality of thought, but borrowing European legal values, a separation from practical life, general and abstract theorizing and as a result of meaningless for the right of the Russian Empire. Only in the second half of the XIX century, an original legal thought is born, not inferior to European legal culture, and the search for the spiritual dominant of Russian law and legal culture.

13. The legal doctrine in Russia actually developed in the XVI century in the practice of the activities of Russian courts, orders in the application of Russian law, systematize the rights of Russia and its creative development, which predetermined its pragmatic nature, the understanding and accessibility of the legal language and following the moral and Orthodox ideals when creating and the realization of law. The originality of the legal doctrine of Russia in this historic period was reflected in its religious spirit and historical identity, since Russia did not perceive the achievements of Roman law.

14. The action of the legal doctrine in legal practice is associated with the presence of the following circumstances:

The emergence of spaces, contradictions, uncertainty in positive law;

The generally acceptedness of doctrinal views in the corporation of lawyers and society;

The theoretical significance of the work is to establish the essence, functions, species, forms and sites of the legal doctrine as a source of law, the history of the development of the legal doctrine as a source of law in ancient Rome, England, Muslim states and Russia. The results obtained can be used in teaching educational disciplines "Theory of Law and State", "History of Law and the State of Foreign Countries", "The History of Domestic Law and the State", "History of Political and Legal Exercises", "History of Roman Law", special courses "Sources rights "," Muslim law "," Legal systems of the world ", etc.

The practical significance of the thesis is that the specific job offers can be used in lawwering in the aspect of the development of the Federal Law "On Sources of Law", the participation of scientists as experts in the process of creating, changes and cancellation of the rules of law by various state authorities.

As part of law enforcement, the results of the study suggest a practical need for legal affairs, taking into account the generally accepted and authoritative scientific views on the right, especially in situations of legal conflicts, gaps in positive right, the problems of determining the applicable law and uncertainty of the meaning of the norms of law.

Approbation of research results. The work was carried out and discussed at the Department of Theory and History of the State and Law of the Law Faculty of the Altai State University. The main provisions of the dissertation work were reported at scientific and practical conferences: II All-Russian Student Scientific and Practical Conference "Evolution of Russian Law" (Ural State Law Academy, April 2-23, 2004), All-Russian Scientific Conference "Stability and Dynamism of Public Relations in the Russian Federation : Legal Aspects "(Altai State University, September 23-24, 2004), Interregional Scientific Student Conference on the Provision of the Tribune of the Young Scientist (Law Institution of the Tomsk State University, March 30 - April 1, 2005), III All-Russian Student Scientific -Artic conference "Evolution of Russian Law" (Ural State Law Academy, April 19-20, 2005), All-Russian Scientific Conference "Legal Problems of Strengthening Russian Statehood" (Law Institution of Tomsk State University, January 25-27, 2006), Vserossovskaya Scientific and practical The conference "Right and State: the priorities of the XXI century" (Altai State University, 29-30, 2006, 2006), an interregional scientific and practical conference of students and graduate students "Actual problems of modern Russian legal science" (Faculty of Faculty of Siberian University of Consumer Cooperation, November 30 - December 1, 2006), III of the All-Russian Scientific and Practical Internet Conference "Modern Issues of the State, Rights, Legal Education" (Tambov State University of D. Derzhavina, December 22, 2006), XLV International Scientific Student Conference "Student and Scientific and Technical Progress" (Siberian Academy of Public Service, April 10-12, 2007). The results obtained during the study were published in 11 collections of scientific works and the abstracts of reports.

Materials of this study were used in teaching the course "Theory of State and Law", "History of Political and Legal Exercises" at the Law Faculty of Altai State University.

The structure of the work in accordance with the purpose and objectives of the study includes the introduction, three chapters, conclusion and the bibliographic list.

Conclusion of dissertation on the topic "Theory and History of Law and State; History of teachings on the right and state, "Vasilyev, Anton Aleksandrovich

Conclusion

According to the results of the study of the entity and history of the legal doctrine as a source of law, you can formulate the following conclusions.

1. The legal doctrine is understood in the three values: a) the science of the right; b) the teachings on the right of thinkers of the past and modernity; c) systems that dominate the society of legal views purchasing community.

2. Legal doctrine as an integral part of the legal consciousness has not only reflexive, prognostic, but also by the regulatory function, affecting the directness and consciousness of a person in order to streamline his behavior.

3. Legal doctrine as a source of law is characterized by the following signs: a) systematicism; b) rationality; c) reflection of legal reality; d) the formation of scientists in the process of cognition to create and implement the right; e) written and oral forms of expression; e) the emergence due to the need to understand the right and ensuring effective legal regulation of social relations; g) action as a source of right in fact or by virtue of state authorization; h) authoritality, argument and adoption of the provisions of the legal doctrine by society and legal estate.

4. The acquisition of the legal doctrine of the status of the source of the right is due to the gaps in positive law, the collisions of legal norms, the uncertainty of the ambiguity of the right to imply special, creative intellectual work to establish applicable rules of conduct. In addition, the emergence and action of law with an immutable need arouse the corporation of persons professionally engaged in the cognition of law, the search for fair and generally accepted ways to resolve legal disputes. It is not by chance that a number of researchers consider the jurisprudence to one of their professions and sectors of scientific knowledge along with priests, doctors, warriors, farmers, livestockovodes. Based on historical data, scientists prove the emergence of lawyers for the first time in ancient Rome, but in earlier civilizations - Sumer, Akkada.

5. Legal doctrine as a source of law is a system of generally accepted and authoritative legal representations recognized by the dominant state and affect the will and consciousness of subjects of law in order to streamline public relations.

6. Forms of expression of the legal doctrine, the principles of law, scientific interpretation of legal norms, definition of legal concepts, legal structures, rules for resolving legal collisions, rules and techniques for the preparation and registration of legal acts, legal axioms, presumption.

7. Legal doctrines can be classified into the following groups: relative to religion - religious and secular; in the form of expression - writing and unwritten; Depending on the Circle of the Creators - continified and collective; Depending on the legal importance - mandatory and advisory; in content - reproducing other sources of law and having an independent regulatory value; Depending on the distribution scope, theniversal and private; in the form of manifestation - projects of regulatory acts, expert opinions on the interpretation and application of the norms of law, the classical works of scientists authorized as mandatory and regulatory acts, including doctrinal provisions; On the scope of action - international and national legal doctrines.

8. Legal doctrine may acquire the power of the right source in the following ways:

Actual action without state recognition, but approval by society and legal circles;

Judicial assimilation in the process of resolving specific legal entities;

The authorization of the supreme state authorities of the legal doctrine as a mandatory in regulatory acts.

At the same time, the initial legal doctrine, acquiring regulatory properties, finds support in society and legal estate, and subsequently sanctioned by the state. The state's consolidation of the legal doctrine that does not enjoy respect from society and lawyers lose its regulatory potential, acting under duress, and creating a threat to the conflict of the state doctrine and the doctrine of public. In such a situation, the ethnic legal doctrine can be a factor in destabilizing the legal system and lead to the "break of graduality", revolutionary shocks of the rule of law. Therefore, the legal doctrine should be rooted in folk legal consciousness, proceed from the original spiritual culture of the people.

9. The advantages of the legal doctrine as a source of right include: accuracy, argument, persuasiveness, credibility, generally acceptedness, individualization, prognostation, voluntary action and flexibility in resolving collisions in the right, replenishing gaps of positive law, eliminate contradictions and ambiguity of legal norms. At the same time, the legal doctrine is not devoid of deficiencies - rationalism, often not taking into account the irrational, spiritual aspects of the right, the risk of abuse of doctrinal views in the interests of certain social forces and corps of lawyers, errors in the foresee of the evolution of law and proposals for improving positive law and practitioners Its implementation.

10. Legal doctrine is an actual source of law in all legal systems of the world, regardless of the state recognition of it as such. Out of the doctrinal understanding and lawyers' corporation, the right is not able to be a regulator of public life, since it remains a lifeless, the progress and unknown arrangement of legal rules.

11. In the history of the right, universal patterns are manifested by the right, the privilege of spiritual persons (priests, elders, subsequently - priests and monks) and was considered an awake, since the right and religion, morality did not separate each other; The regulatory potential of the legal doctrine is predetermined by the autonomous, independent position of the lawyers in relation to the state (the subordination of lawyers of state power entails the fall in the role of legal doctrine as a source of law, creative and prognostic capabilities of science and as a result of the ministry of doctrine is not a society, but the State War; legal The doctrine, as well as the right, is purely national, is distinctive in every country of the world and expresses the spiritual path of the development of the people.

12. The genesis of the legal doctrine as a source of law differs in the following features:

The creation of legal doctrine by lawyers;

A focused, conscious nature of the emergence of the legal doctrine;

Duration of formation;

General, abstract language of the presentation of doctrinal views;

The formal commitment of the legal doctrine is determined by the unity, the unity of the views of lawyers on any question;

The general obligation of the legal doctrine stems from the authorization of the legal doctrine in regulatory acts, judicial practice and actual action.

13. Legal doctrine acts as a primary source of law that prevails over other forms of expression. In addition, the legal doctrine may become a form for other sources of law -normative-legal acts, legal customs, legal precedents, etc.

14. Legal doctrine as a source of law first emerged in ancient Rome in connection with the existence of a special collegium of priests - pontiffs who studied and interpreted Roman laws and customs. It is characteristic that lawwork was a spiritual occupation having sacred significance and divine authority. In England, Continental Europe, Muslim states, Russia were the first lawyers who were trained in spiritual San. Amazing the fact that in Russia XIX - XX centuries. Jurisprudence devoted themselves to Orthodox priests (E.N. Trubetskaya,), which is explained by the unity of Orthodoxy and the rights in the culture of the Russian people, where the right is subject to the absolute start - the Divine truth in worldly life. European states have passed the way from religious to the secular legal doctrine and are distinguished by pragmatism, utility, technical appointment in servicing social needs, procedural and formalism, ritualism in creating and implementing the right who lost their original sacred meaning. On the contrary, the Muslim legal doctrine retained the traditions and religious roots of Islam, continuing to seek unity with Divine Revelation, a worldly life and the environment. The difference between European and Muslim legal doctrines lies not only in the field of wind, ideological grounds, but also from the point of view of mechanisms of action and ideals of evolution. European legal doctrines are concentrated on the present, momentary, transient, and the doctrine of Muslims is aimed at mergeing the past and present with the coming life in God.

15. Legal doctrine in Russia has spiritual and moral grounds in the images of the truth-rule, the space and religious law of the universe, which establishes the path of intuitive search for a person in each act of the right, righteous principle - true and good behavior. Images of love, beauty and good have two more than a thousand years of history in Slavic culture and permeate the entire legal history of Russia.

16. The spiritual ideals of the legal doctrine of Russia are:

Traditional for Russian culture and Orthodoxy ideas about the divine origin of the right, rules, ministry of the right of good, love and beauty, preserving the spirituality of the Russian people and protect him from the opposing forces of evil - nature and alien ideas and conquerors;

Unity of Orthodoxy, morality and law in the National Orthodology;

Cathedral - the unity of the Russian people, expressed in the need to harmonize the legal doctrine with all the layers of the Russian society;

17. The formation of a legal doctrine in Russia as an organization, social institution should be attributed to the XVI century. and the activities of Dyakov and the Fitness as officials involved in the systematization of the law and the administration of judicial functions. As a result, the legal doctrine was distinguished by applied applied, Orthodox roots, humats and identity. The final registration of the legal doctrine acquired in the XVIII century in connection with the institution of the Academy of Sciences, universities and the emergence of the first Russian lawyers. In many ways, the emergence of the legal doctrine was the result of state planting of European orders, education and science, which the originality of Russian legal science and for a long time put it in the sentence of European legal values.

18. In modern Russia, legal doctrine in accordance with the constitutional provisions follows the European concept of natural law and has no status of state-mandatory. At the same time, the legal doctrine acts as an actual source of law, since it is applied by the courts and subjects of law.

19. In order to determine the nature and location of the legal doctrine in the system of sources of law, a special law should be adopted in the Russian Federation

On the sources of law, "which would define the concept of legal doctrine, its role in the legal system, the form of action and established its situation among Russian law sources.

20. In the law enforcement practice of Russia, the legal doctrine can be applied as a source of right in compliance with a number of conditions:

The applied views must be generally accepted, generally accepted in the legal estate, i.e. supported by most scientists and practitioners;

Legal doctrine should relate to the essence of a legal entity;

The law enforcement body should refer to the appropriate work, the works of the scientist (on the established output data), or receive a signed, motivated conclusion of an expert scientist, or indicate that certain views that do not have a specific author are generally accepted;

It is necessary to appeal to the legal doctrine in the event of the contradictions of the norms of legal norms, gaps in positive law, ambiguity or uncertainty of law.

Finally, a look at the urgent need to restore in Russia lost during the historical and ideological struggle of the true meaning of the right as the focus of the spiritual forces of the Russian people on the way to the truth is the ideal of a public device. It is impossible to disagree with ji.h. Ryzhkov is that the future of Russian culture suggests: "Return of faith corresponding to the spiritual world of the Russian people, the curse of self-supporting and compliance, the announcement of these properties of the flawed souls of the form of a crime, calaped by heaven, the anthem of fraternal community and a single goal - to establish the equitable kingdom of God for people to Earth, as opposed to hopeless disunityless defenselessness, an evil, the ideas of the truth of good from the Almighty point of view. "

The presented dissertation study is devoted to the study of the historical and theoretical aspects of the legal doctrine, and does not claim the versatility of the knowledge of the laws of occurrence and action

461 Kaisarov, A.S., Glinka G.A., Rybakov B.A. Myths of the ancient Slavs. Velesova Book / A.S. Kaisarov, G.A. Glinka, B.A. Fishermen. - Saratov: Nadezhda, 1993. P. 315. Legal doctrine. So, the study may be subject to legal doctrine as the spiritual and moral basis of the legal system, and special studies of the history of the legal doctrine can be carried out in the continental legal family, the system of the Hindu law, the Far Eastern legal family. In addition, research is needed on the role of legal doctrine within the framework of individual elements of the legal system or branches of law.

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Giving some provisions of scientific work in the field of jurisprudence. The legal doctrine is known as a source of law in the early stages of the development of law. In 426, N.E. In Rome, a special law was adopted, according to which the provisions of the works of the most well-known lawyers - Papinian, Guy, Paul, Ulpiana and Modestin were confirmed by binding judges. More precisely, already starting with the Roman Emperor of August, the work specified by lawyers was granted jus Respondendi.. This meant that the decision on the case of the judge could take out not only on the basis of laws acting at the time, but also referring to the statements of these lawyers. Nothing like the subsequent era of the development of law did not know. At the same time, the legal doctrine as a source of right is also known to modern legal systems. In particular, the current Civil Code of Switzerland contains the right to law enforcement authorities in cases of a gap in the legislation to solve the dispute under consideration, based on the provisions of the works of the most well-known civil law specialists. For the Muslim legal system, the legal doctrine and now admits almost the most important source of law. Projects of law scientists, according to the leading Muslim law specialists, "are the only source of law."

The need for the knowledge of the nature of the legal doctrine is determined by formal legal reasons. First, in Russia the disputes of scientists regarding the concept and system of sources of law continue. Moreover, the disputes are aggravated by the fact that the Federal Law on Sources of Law has not yet been adopted, which would have established the types and hierarchy of the sources of law in Russia, including the role of legal doctrine in the legal system.

Thirdly, according to Articles 1191 of the Civil Code of the Russian Federation, Art. 116 Family Code of the Russian Federation 1995, Art. 14 of the Arbitration and Procedure Code of the Russian Federation 2002 - the content of foreign law, regulating relations with a foreign element is established in accordance with their official interpretation, practice of application and the doctrine in the relevant foreign state. Article 38 of the Statute of the International Court of the United Nations to Sources of Law, which applies the International Court of Justice, refers the doctrine of the most qualified specialists in the field of public law. "In other words, Russian law recognizes the legal doctrine the source of international private, procedural and international public law.

Fourth, the importance of the legal doctrine in the system of sources of Russian law remains indefinitely under the conditions of its actual application by law-making and law enforcement bodies.

In modern Russia, the legal doctrine is a source of law by virtue of its actual recognition as generally accepted and authoritative in the creation and implementation of law, as well as formal legal consolidation as: the source of law of international private and public law.

Its methods of expression are: the principles of law, legal definitions, the doctrinal interpretation of the rules of law, legal structures, rules for the resolution of legal collisions, legal axioms, presumptions, maxims, the rules for the preparation and design of legal acts, legal dogmas, legal alliances, legal positions.

Legal doctrines can be classified:

In the form of expression - written and unscrew;

In relation to religion -religious and secular;

On the scope of action - international and national;

Depending on the valuation method - mandatory and letters;

Depending on the circle of creators - personalized and collective;

By distribution - universal and private;

Forms of external manifestation - projects of regulatory acts, conclusions on issues of interpretation and the application of law in specific cases, works of scientists recognized by the obligatory state in resolving legal disputes.

The legal doctrine in legal practice is associated with the presence of the following circumstances:

The emergence of spaces, contradictions, uncertainty in positive law;

The generally acceptedness of doctrinal views in the corporation of lawyers and society;

Fourth, the importance of the legal doctrine in the system of sources of Russian law remains indefinitely under the conditions of its actual application by law-making and law enforcement bodies.

There are various approaches to the definition of legal doctrine. From the point of view of the etymology, the words of the doctrine, according to most philologists, is understood as a teaching, theory and comes from the Latin word "docere" - to learn. But, a number of researchers find invoiced roots in the word of the doctrine, as its origin leads from the word "reached" that has come down to anything with his mind. In the philosophical literature, the doctrine is defined as a concept, theory explaining the world.

In Russian legislation from the beginning of the 90s. The XX century appeared a new, previously unknown to the Russian law of the legal act - the doctrine, who is approved by the Decree of the President of the Russian Federation and is defined as the system of principles, goals and objectives of the state policy in a particular area. Legal doctrine is a system of ideas about the right expressing certain social interests and determining the content and functioning of the legal system and directly affecting the will and consciousness of the laws of law recognized as a binding officially by the state by reference to the works of authoritative experts of law in regulatory and legal acts or legal Practice due to their authority and generally acceptedness.

It is possible to highlight characteristic signs - this systemality, rationality, abstractness, reflection of reality.

According to its legal nature, the legal doctrine in rational form reflects the legal reality and has regulatory opportunities for ideological, educational effects on the will and consciousness of the subjects of law in order to believe them in the need for certain types of legitimate behavior. The embodiment of the regulatory function of the legal doctrine is that the latter is a source of law and acts as a form of expression and consolidation of legal norms.

Legal doctrine acts as an informed source of law in all legal systems of the world due to the following reasons. First, the formal certainty of the legal doctrine is achieved through the written form of expressing the works of lawyers and the fame of the unwritten doctrine among professional lawyers and subjects of law. Secondly, the general obligation of the legal doctrine follows from the authority, respect for the lawyers in society, as well as the generally acceptedness and generally accepted work of lawyers in the legal corps and society. Thirdly, the implementation of the legal doctrine is provided by state authorization in regulatory and legal acts or judicial practice.

Legal doctrines can be classified:

In the form of expression - written and unscrew;

In relation to religion -religious and secular;

On the scope of action - international and national;

Depending on the valuation method - mandatory and letters;

Depending on the circle of creators - personalized and collective;

By distribution - universal and private;

The legal doctrine in legal practice is associated with the presence of the following circumstances:

The emergence of spaces, contradictions, uncertainty in positive law;

The generally acceptedness of doctrinal views in the corporation of lawyers and society;

Ways to authorize the legal doctrine are: giving the work of lawyers commitment in regulatory legal acts; reference to the doctrinal works of lawyers when making a decision on a specific legal law bodies and other authorities of the right; The inclusion of legal doctrine into the text of the regulatory act. The lack of state approval of the legal doctrine does not mean its impossibility of actual action as a source of law.

Properties of the legal doctrine as a source of law are accuracy, validity, generally accepted, flexibility, accessibility for entities of law and law enforcers, credibility, voluntaryness, individuality, prognostic and regulatory qualities. The legal doctrine has a number of shortcomings - the abstractness and generalization of the language, the risk of reflection of the legal doctrine of narrow-social interests and corporate claims, rationalism and possible errors in understanding the right.

From other sources of law, the legal doctrine can be degraded in the following criteria: in the form of expression, the legal doctrine acts as an unwritten source of law, while the regulatory act, the regulatory contract has a written expression; The creators of the legal doctrine are persons who are responsible in the right, connoisseurs of law, while the regulatory act, regulatory agreement, legal precedent, judicial practice is formed by state authorities, and the legal custom is developing in the actual life of the whole society; The legal doctrine is inherent abstract, general nature, in contrast to the casuity, concreteness of judicial practice, legal precedent and legal custom; Legal doctrine, as well as legal custom, is implemented by the laws of law voluntarily, on the basis of conviction in the authority, the aspinability of the prediction of the predictions, while other sources of law are mainly observed by the sex of the consideration of the use of state coercive measures; Legal doctrine is purposefully targeted by the corporation of lawyers, and legal custom is formed by a spontaneent society; The process of creating a legal doctrine is long and is not subject to the procedural rules; Legal doctrine is distinguished by peculiar ways of acquiring communities - the recognition of the state in regulatory and legal acts of certain ideas or works of lawyers, the use of judicial bodies of the work of the laws of law as a legal basis for decision-making, the actual action of the legal doctrine, due to its observance by the laws of law.

81. Regulatory contract as a source of law The regulatory contract is an agreement with the participation of authorized state bodies containing legal norms. Regulatory contracts are mandatory for a numerous and formal-indefinite circle of persons, are designed for repeated use, they act regardless of whether the specific legal relations arose or ceased. Signs of the regulatory agreement: The legal framework of regulatory contracts is in the current legislation. Such contracts fulfill an obvious function, complementing and specifying the current legislation. The regulatory contract always assumes the participation of the state body. The higher the place in the management hierarchy is the last, the higher the legal force of the contract. Regulatory contracts are in public interests, their goal is to achieve a common good, that is, public goals are dominated here. Regulatory contracts contain rules regulating behavior not only (and sometimes not so much) of direct participants in the contract, but also other subjects. Therefore, such an agreement does not close within the system of Contracting Parties, but also has an external legal impact. Numerous, uncertainty of addressees, that is, those subjects on which the legal effect of the contract is directed. The contractual norms are calculated for long-term effects and repeated use. There is a special, strictly formal procedure for concluding regulatory contracts, as well as a special procedure for considering disputes and conflicts related to their execution (for example, the Constitutional Court, special conciliation procedures). Changes or refusal to implement contractual conditions unilaterally not allowed. Norms about insurmountable force (force majeure) are not applicable here. Unlike individual contracts, the content of which is a commercial secret, the regulatory contract characterizes the publicity, the publicly availableness of contractual conditions, sometimes - official publication. By virtue of the cope with the contractual conditions for the privacy reservation here is not applicable. Regulatory contracts serve as a legal basis for the publication of administrative acts, the conclusions of individual contracts, committing other legally significant actions. This distinguishes them from the contracts of an individual character establishing (changing, terminating) specific legal relations. Examples of regulatory contracts: international treaties; contracts between the Russian Federation and the subjects of the Russian Federation to delimit the powers and objects of reference; Some interdepartmental treaties; Collective contracts.

82. Stages of lawmaking The legislative process is the main component of the law-conducting process, its core. It is the adoption of laws above all characterizes this process as a whole. In addition to the laws, the products of law-making are subject to regulatory acts, legal customs, regulatory contracts, legal precedents. Lawmaking is a complex, inhomogeneous process, including the following stages: 1) Legislative initiative - the right of certain subjects enshrined in the Constitution of the Russian Federation to make a proposal to publish the law and the relevant bill to the legislature. The right of legislative initiative generates the legislative authority to consider the proposal and the bill, but to accept or reject it - the law of the legislator. The right of legislative initiative (according to Part 1 of Article 104 of the Constitution of the Russian Federation) belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, the legislative (representative) bodies of the subjects of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation on their maintenance; 2) Discussion of the draft law is an important stage that begins in the State Duma with the hearing of the report of the representative of the subject, which made the bill. This stage is necessary in order to bring the document to a high level of quality: eliminate contradictions, gaps, inaccuracies and other defects. The most significant bills are made to a nationwide discussion; 3) adoption of the law, which is achieved with the help of two voting mechanisms (ordinary majority and qualified). The adoption of the law is the main stage, which, in turn, disintegrates into three substards: a) the adoption of the Law of the State Duma (federal laws are made by a simple majority of votes from the total number of deputies of the State Duma, i.e. 50% + 1 vote; Federal Constitutional The laws are considered adopted if they voted at least 2/3 of the votes from the total number of deputies of the State Duma); b) Approval of the law by the Federation Council (in accordance with Part 4 of Art. 105 of the Constitution of the Russian Federation "Federal Law is considered to be approved by the Federation Council, if more than half of the total members of this Chamber voted for him or if it was not considered by the Federation Council for fourteen days "; According to Part 2 of Art. 108 of the Constitution of the Russian Federation," the Federal Constitutional Law is considered adopted if it is approved by a majority of at least three quarters of the vote from the total number of members of the Federation Council "); c) Signing the law by the President of the Russian Federation (according to h. 2 tbsp. 107 and part 2 Art. 108 of the Constitution of the Russian Federation, the president for fourteen days signs the approved law and publishes it); 4) Publishing the law (as a rule, federal constitutional laws and federal laws are subject to official publication within seven days after their signing by the President of the Russian Federation; unpublished laws are not applied)

83. Concept and types of regulatory regulatory acts Share acts are issued on the basis of and pursuant to the laws of acts containing legal norms. Summer acts have less legal strength than laws based on them. Despite the fact that in the regulatory legal regulation of public relations the main and determining place is occupied by the law, the registered acts are also essential in the life of any society, playing a subsidiary and detailed role. Allocate the following types of subtitle acts located on the hierarchy. 1. Decrees of the President of the Russian Federation. Mandatory for execution throughout the Russian Federation should not be contrary to the Constitution of the Russian Federation and federal laws, prepared within the presidential powers provided for by the constitutional (Article 8 - 90 of the Constitution of the Russian Federation) and legislative norms. The president, being the head of state, takes acts that occupy the next place after the laws. An important role is to be declared. Thanks to them, the head of state implements the powers and elements of its legal status. In the modern period, the sphere of legal regulation, covered by decrees, is very wide. Regulatory decrees are usually published in the case of spaces in the right. Separate, very small decrees (for example, the introduction of a military, emergency) are subject to approval by the Federation Council of the Federal Assembly of the Russian Federation. The acts of the president are published in official publications. The constitutionality of acts of the head of state can be tested by the Constitutional Court of the Russian Federation. The annual Messages of the President of the Russian Federation to the Federal Assembly are a formal document of large political importance, but do not contain the norms of law and therefore are not regulatory. 2. Resolutions of the Government of the Russian Federation. Mandatory to execute in the Russian Federation. A feature of the government's acts is that they can be accepted on the basis and often to fulfill the laws of the Russian Federation, as well as decrees of the President of the Russian Federation. Decisions of the Government of the Russian Federation are signed by the President of the Russian Federation and are subject to official publication no later than 15 days from the date of their adoption. 3. Orders, instructions, charters, positions of ministries, departments, state committees. These acts, made on the basis of and in accordance with the laws of the Russian Federation, the Decludes of the President of the Russian Federation, the RF Government Resolutions, regulate the public relations, as a rule, within the competence of this executive structure. However, there are among them and those who have a general meaning go beyond the scope of a particular ministry and departments, apply to a wide range of subjects. For example, the acts of the Ministry of Finance, the Ministry of the Interior, the Central Bank, the Ministry of the Russian Federation for Taxes and Claims, the State Customs Committee, the Federal Mining and Industrial Supervision, the Federal Security Service, etc. 4. Decisions and decisions of local government bodies (for example, regional representative, legislative structures - the Saratov Regional Duma, the Astrakhan Regional Representative Assembly). 5. Decisions, orders, decisions of local government bodies (for example, regional heads of administrations, governors, etc.). 6. Regulatory acts of municipal (non-state) bodies. These acts are accepted within the competence of these structures and operate on the territory of the respective cities, areas, villages, towns, microdistrict, etc. 7. Local regulations. These are regulatory prescriptions adopted at the level of a particular enterprise, institution and organization and regulating their internal life (for example, the rules of the internal labor regulation). Consequently, laws and regulatory acts are two large groups of regulatory acts, in turn divided into relevant species.

84. The effect of regulatory acts in time, space and in the circle of persons Regulatory acts have temporary, spatial and subject limits of their functioning. The effect of the regulatory act in time is due to the entry into force and the loss of force. According to Art. 6 of the Federal Law "On the procedure for publishing and entering into force of federal constitutional laws, federal laws, acts of chambers of the Federal Assembly", "Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly come into force at the same time throughout the territory of the Russian Federation after 10 days after them Official publication, if the laws or acts of chambers are not established another procedure for their entry into force. " It is important here to take into account the principle according to which the law of the inverse force does not have, i.e. It should not extend to those relationships that have already existed until its entry into legal force. Pressing the law of the inverse force is possible in two cases: 1) if in the law itself it is mentioned; 2) If the law softens or eliminates responsibility. Regulatory acts lose their strength (terminate the action) on the following grounds: after the expiration of the act to which it was adopted; In connection with the publication of a new act, replaced previously acting (indirect cancellation); Based on the direct indication of a particular authority on the cancellation of this act (direct cancellation). The effect of the regulatory act in space is determined by the territory on which the authorities of the authority extend to it. Under the territory of the Russian Federation it is understood to be its land and water space inside the state borders, airspace over them, subsoil. It also includes the territory of Russian diplomatic missions abroad, military and commercial vessels in the open sea, aircraft in flight outside the country. The effect of regulatory acts in space depends on: the level of the state body who adopted this act; legal force act. Regulatory acts are distributed: into the territory of his country (as a rule, federal constitutional laws, federal laws, other acts of higher bodies of state and management); on the territory of the subject of the Federation (acts of state authorities and the management of the subject of the Russian Federation, which cannot be canceled or suspending the laws of the laws of the Infection Organs on their territory); into the territory specified in the regulatory act; to local area (enterprises, institutions, organizations). With the above problems, the act of a circle of persons is closely related. On the territory of Russia, regulations are valid for all its citizens, state bodies, public organizations, foreigners, individuals without citizenship. At the same time, there are special regulations extending only to individual categories of citizens or officials (military personnel, pensioners, policemen, students, teachers, civil servants, doctors, voters, deputies, judges, prosecutors, war veterans, large mothers, etc. ). It is important here to keep in mind and the principle of citizenship, according to which citizens of Russia, wherever they are, are obliged to comply with Russian laws. If a citizen of Russia has committed a crime on the territory of another state, he is criminalized under the laws of Russia, even if this act is not a crime in the country where he committed him. The implementation of the regulatory acts of the Russian Federation is limited (mainly in matters of legal liability) with respect to employees of diplomatic missions of foreign countries and their family members.

86. The overall characteristics of the main legal systems of modernity There are various legal systems and legal families in the world, reflecting the peculiarities of the corresponding eras, civilizations, countries, peoples, continents. Distinguish national legal systems and interethnic (families or individual groups of systems). The National Legal System is an organic element of a particular society, its history, culture, traditions, social defendance, geographical position, etc. Legal family is several related national legal systems, which are characterized by the similarity of some important signs (ways of formation and development; the community of sources, principles of regulation, industry structure; the uniformity of legal terminology, conceptual apparatus; interlacing of the main institutions and legal doctrines). Depending on the above-mentioned signs, the following basic legal families are allocated 1) Romano-German (family of continental law); 2) Anglo-Saxon (family of common law); 3) religious (family of Muslim and Hindu law); 4) Traditional (family of customary law). The Roman-German legal family includes the legal systems of Italy, France, Spain, Portugal, Germany, Austria, Switzerland, and others. As an independent group of legal systems, the Slavic Legal Systems (Yugoslavia, Bulgaria, etc. can be distinguished as part of the Romano-German Legal Family. d.). The modern legal system of Russia with all its features is more relative to the romanian-German legal family. Among the signs of a romanian-German legal family, the following can be distinguished: a single hierarchically constructed system of sources of writing law, the dominant place in which regulations occupy (legislation); The main role in the formation of the right is given to the legislator, which creates general legal rules of conduct; The law enforcement (judge, administrative bodies, etc.) is intended to only accurately implement these general rules in specific law enforcement acts; Scripture constitutions with higher legal force; The high level of regulatory generalizations is achieved with codified regulatory acts; Weightful position occupy the sub-banner regulations (regulations, instructions, circulars, etc.); division of the system of law to public and private, as well as in the industry; Legal custom and legal precedent act as auxiliary, additional sources; In the first place are not responsibilities, but human rights and citizen; Of particular importance is the legal doctrine that has developed and developing the basic principles (theory) of the construction of this legal family in universities. The basis for the emergence of the Roman-German legal family was Roman law. In his formation, the Romano-German Legal Family held three main stages: 1) the era of the Roman Empire - the XII century. AD - the emergence of Roman law and its decline due to the death of the Roman Empire (476 AD), domination in Europe archaic ways to solve disputes - fights, orders (tests), witchcraft, etc., i.e. The actual lack of law; 2) XIII - XVII centuries. - Revival (Renaissance) of the Roman Law, disseminating it in Europe and the adaptation to new conditions, the achievement of the independence of the right from royal power; 3) XVIII - XX centuries. - Codification of the right, adoption of constitutions (in the USA, Poland, France, etc.), the emergence of industry codes (Civil Code of France 1804, the civil code of Germany 1896), the creation of national legal systems. The Anglo-Saxon legal family includes the national legal systems of Great Britain, USA, Canada, Australia, New Zealand, etc. This family is characterized by the following signs: the main source of law is the judicial precedent (the rules of conduct formulated by the judges in their decisions on a specific case and applied to similar business); The leading role in the formation of law (law-conducting) is given to the court, which in this regard occupies a special position in the system of state bodies; In the first place are not obligations, but human rights and citizens who are protected primarily in court; The main importance is primarily procedural (procedural, evidentiary) right, which largely determines the right material; no codified branches of law; There is no classical division of the right to private and public; The widespread development of the statutory law (legislation), and legal customs act as auxiliary, additional sources; Legal doctrines, as a rule, are purely pragmatic, applied. In its formation, the Anglo-Saxon Legal Family held four main stages: 1) to 1066 (Norman conquest of England) - the absence of common to all rights; The main source of law was local customs, various for each region; 2) 1066 - 1485. (from the Norman conquest of England to the establishment of the authorities of the Tudor dynasty) - the centralization of the country, the creation of the local law in opposition to the entire country, which the royal courts sent; 3) 1485 - 1832. - a period of flourishing of common law and its decline; The norms of common law began to lag behind reality: first, the common right was too formal and bulky, which reduced its effectiveness; Secondly, the cases that were difficult or impossible to decide, based on the common right, began to be resolved through the "right of justice", which he independently created the English Lord Chancellor (representative of the king), based on the principles of justice; 4) 1832 - Our days - the judicial reform of 1832 in England, as a result of which the judges were able to solve legal affairs at its discretion, relying on both the common right and on their own conviction of justice (i.e., when considering cases, judges are taken into account as Samples of solving such cases in the past - judicial precedents, and the opinion of judges, based on their own understanding of justice, - "The judges do the right, the right there is something that judges talk about him"); The spread of this system into English colonies, where they have implemented, consistent with the local specifics. The family of religious right includes legal systems of such Muslim countries as Iran, Iraq, Pakistan, Sudan, etc., as well as the Hindu community right of India, Singapore, Burma, Malaysia, and others. Among the signs of this legal family, the following can be distinguished: the main Creator of Law - God, and not society, not a state, therefore legal instructions are given once and for all, they need to be believed in them and accordingly to strictly observe; Sources of law are religious and moral norms and values \u200b\u200bcontained, in particular, in the Quran, Sunne, Inthma and distributing on Muslims, or in the shares, Vedas, laws of mana, etc. and operating in relation to the Indians; A very close interaction of legal provisions with religious, philosophical and moral postulates, as well as local customs forms uniform rules of conduct in their totality; Special place in the system of sources of law is occupied by the works of lawyers, specifying and interrupting primary sources and underlying specific decisions; There is no division of the right to private and public; Regulatory acts (legislation) have a secondary value; Judicial practice in the own sense of the word is not a source of law; largely founded on the idea of \u200b\u200bduties, not human rights (as it takes place in the Romano-German and Anglo-Saxon legal families). The family of traditional rights includes the legal systems of Madagascar, a number of countries in Africa and the Far East. The signs of this legal family are the following: the dominant position in the system of sources of law is occupied by customs and traditions, which are usually unwritten and transmitted from generation to generation; Customs and traditions are the synthesis of legal, moral, mythical regulations that have developed naturally and recognized by states; customs and traditions regulate relations primarily by groups or communities, and not individual individuals; Regulatory acts (written laws) have a secondary value, although they are recently accepted more and more; Judicial practice (legal precedent) does not act as the main source of law; The judiciary is guided by the idea of \u200b\u200breconciliation, restoring consent to the community and ensuring its cohesion; Legal doctrine does not play a significant role in the legal life of these societies; The archaicity of many of her customs and traditions. Thus, legal families are heterogeneous. Each of the listed families have their own distinctive features, at the same time there are also inevitably there are features inherent in any right and any legal system. General feature - they all act as regulators of public life, a means of managing society, carry out a protective, defective and compulsory role, are on guard of human rights and citizen.

87. Concept of system of law Under the system of law is understood as a certain internal structure (structure, organization), which is objectively reflected as a reflection of real and developing public relations. It is not the result of an arbitrary discretion of the legislator, but a kind of cast with reality. The actual social system of society, the state determines the ultimately the system of law, its industry, institutes, other units. The system of law shows from what parts, the elements is the right and how they relate to each other. Systemability - the overall property of all types of law, while systematics or systematization of legal norms is not so. Each historical type of right is its own system, reflecting the peculiarities of this type and the entire social formation. The structure of law is a legal expression of the structure of this society. This is the objective social condition of the system of law, its determination of economic, cultural, national and other factors. For example, slave-owned, feudal and modern law differ from each other not only by their entities, but also by external signs, i.e. Formal attributes, including a systemic nature, on which time is lying. It should not be confused by the concept of "system of law" and "legal system". In the first case, we are talking as stated above, about the internal structure of the right, taken as a separate phenomenon, and in the second - on the legal organization of the entire society, the totality of all legal means, institutions, institutions that exist and functioning in the state. The system of law acts only one of the terms of the legal system. The right is the combination of norms created and protected by the state. But this is not a random and non-chaotic pinching, not a mechanical mass, but a strictly agreed and interdependent holistic system in which the norms are lined up, are grouped in a certain order. Before us is a complex systemic hierarchical education, pierced by integration and differentiation processes. In any type of right between specific norms, elements of general and unit, similarities and differences, independence and dependence are always present. The system of law is characterized by such features as unity, difference, interaction, the ability to divide, objectivity, consistency, material conditionality. The unity of the legal norms generates the right is determined: first, the unity of state will pronounced in them; secondly, the unity of the legal system, within which they exist and act; thirdly, the unity of the mechanism of legal regulation, its initial principles; Fourth, the unity of the end goals and tasks. At the same time, the norms of law differ in their specific content, the nature of the prescriptions, the spheres of action, the forms of expression, the subject and methods of regulation, sanctions, etc. Therefore, they are divided into separate parts - industries, institutions. The basis of such a separation is based on the above features, and above all the diversity, specificity of the social relations themselves. However, the objective nature of the system of law does not mean that the legislator cannot influence it. It can enter into a system of right known adjustments, changes (for example, to distinguish, realizing the need for this, one or another branch of law or, on the contrary, to combine them, establish one or another institution, to adopt certain norms, acts, etc. ) But in principle, the system of law does not depend on it, it is impossible to re-create it, cancel, "rebuild". You can only separate what is objectively isolated. In other words, the state, power can in certain limits to influence the established system of law, contribute to its improvement, development, but no more. They cannot be established in their "want" to establish, introduce the desired, the desired system of law. Objectivity - the most important property of the system of law, in contrast to the systematization of the right, which is subjective, i.e. dependent on state will. Where there is a right, there is always a certain system, while systematization may not be (for example, the right in the UK is not systematized). Systematization is just a deliberate streamlining of current legal norms for the convenience of using them in practice. But any right has its own system, even if it is not systematized. The system shows from what parts, the elements is the right and how they relate to each other. Structural elements of the system of law are: a) the rule of law; b) branch of law; c) public utility; d) the Institute of Law; e) Substitute. It is they who form the legal tissue of the phenomenon under consideration. Legal norm is the primary element of the right system. This is the general obligatory rule of power behavior from the state. The industry of law is a combination of homogeneous legal norms regulating a certain area (sphere) of social relations within this system. The objective necessity predeses the allocation of the branch of law. The legislator only realizes and draws up (logo) this need. The following conditions are important for the education of an independent branch of law: a) the degree of the originality of certain relations; b) their proportion; c) the inability to resolve the relationships with the help of the norms of other industries; d) the need to apply a special method of regulation. The qualitative homogeneity of one or another sphere of social relations causes the relevant branch of law to life. Conversely, the presence or absence of one or another branch of law depends on the presence or absence of relevant areas of public relations in need of legal regulation. The industry is not "invented", but is born from social and practical needs. Although all branches of rights are interconnected and are imbued with organic unity, they are not equivalent in their meaning, volume, roles in the process of exposure to social relations. This provision is explained by the fact that the various spheres of these relations are far from the same by latitude and composition. Therefore, within the framework of the largest legal sectors, subproduces are allocated. For example, in civil law - copyright, patent, housing, hereditary, arbitration; in constitutional - selective law; in labor - pension; In the land - mountain, water, forest, etc. These subproduces regulate individual arrays of public relations characterized by their specificity and known generics. The Institute of Law is a relatively small, sustainable group of legal norms regulating a certain type of social relations. If the legal norm is the "source" element, the "live" cell of legal matter, the legal institution is a primary legal community (S.S. Alekseev). Legal institutions are designed to regulate individual sites, fragments, parties of public life. Institute is an integral part, block, branch link. In each industry there are many of them. They have relative autonomy, as concern to a certain extent independent issues. Examples of legal institutions: in criminal law - Institute of the necessary defense, the institute of extreme necessity, insaneness; in civil law - the institution of limitations, the institution of donation, transactions, sale; in the state right - the Institute of Citizenship; In the administrative - the Institute of an Officer; In the family right - the Institute of Marriage, etc. All institutions operate in close relationship with each other - both within this industry and outside it. The term "institute" is often used in literature and press in an indefinitely broad sense: they say, for example, about social, political, public institutions, institutes of democracy, parliamentarism, implying very diverse and amorphous phenomena. In this case, this concept is taken into a purely legal sense - as a specific regulatory establishment of the state, the law, i.e. as a legal institution. Types of legal institutions. First of all, institutions are divided by branches of the rights to civil, criminal, administrative, financial, etc. How many industries are so many relevant groups of institutions. The sectoral affiliation of legal institutions is the most common criterion for their differentiation. For the same basis, they are divided into material and procedural. Next, institutions are classified for sectoral and inter-sectoral (or mixed), simple and complex (or complex), regulatory, protective and constituent (prolonged). The intra-industry institution consists of the norms of one branch of law, and inter-sectoral - from the norms of two or more industries. For example, the Institute of State Property, the Institute of Guardianship and Guide. A simple institute, as a rule, is small and does not contain any other units. A complex or complex, being relatively large, has in its composition smaller independent entities, called subsenters. For example, the Institute of Supplies in civil law includes the Institute of Fine, penalties, responsibility. Regulatory institutions are aimed at regulating the relevant relations; protective - on their protection, protection (typical of criminal law); Constituent - fixed, establishing, determining the situation (status) of certain bodies, organizations, officials, as well as citizens (are characteristic of state and administrative law). Thus, the system of law is a complex, polystruidary dynamic education, in which four steps are clearly distinguished: 1) the structure of a separate regulatory prescription; 2) the structure of the Legal Institute; 3) the structure of the legal industry; 4) the structure of the right in general. All these levels are subordinated, logically and functionally assume each other. Together they are made to form a rather complicated design

88. The concept of the industry of law, characteristics of the main branches of law Legal sectors are the main, the largest structural divisions of the system of law governing, respectively and the most extensive areas (regions) of public relations. In this case, the goal is not set to give them a detailed characteristic, but only to show that each industry has its own specifics, its subject and method, occupies a special position in the general system, differs from other industries and thereby proves and justifies its right to independent existence. It is important to carry out the overall boundaries between the various groups of norms, taking into account their close relationship. 1. Constitutional law. This is the first and leading industry, defined as a combination of legal norms and institutions encouraging the most important, initial government relations. Its maintenance includes issues such as the formation and structure of representative, executive and judiciary, the principles of their activities, the political system, the economic basis, form of ownership, the federal device, the administrative and territorial division, the electoral system, the legal status (status) of citizens, Their rights, freedoms and obligations, public system, etc. The main regulatory act of this industry, of course, is the constitution of the state, which protrudes the fundamental basis for the entire current law-conducting. This is the subject of this industry. The method is mainly constituting a constituency in combination with the general (basic) regulation without establishing specific sanctions for violations, although many constitutional norms have a direct effect. 2. Administrative law. Regulates the scope of management, executive and administrative activities of state bodies, public organizations and officials (government, ministries, departments, presidential structures, enterprises, institutions, local administrations). To carry out their operational functions, all subjects of these activities are endowed with the necessary powers, competence. The controls are the economy, science, culture, education, health care, defense, law and order, the protection of citizens' rights, etc. The main method is the power and submission, imperative orders, instructions, hierarchy and subordination in service, responsibility for the commissioned area. 3. Financial law. The subject of this industry is financial relations, the formation and execution of the state budget, monetary circulation, banking operations, loans, loans, taxes. Subjects of these relations are all legal entities and individuals. The norms of financial law are closely related to public law and administrative, since the spheres of these three industries are largely intertwined. Financial activities are largely carried out by an executive and administrative nature. Regulation methods - control, revision, power regulations. However, in the conditions of transition to the market, the framework of self-independence is increasingly spread, a system of commercial banks emerged. 4. Land law. The industry is designed to regulate land use issues and land management, preservation and distribution of land fund, determining the legal regime of various types of land in accordance with their administrative and economic purposes (state, collective farm, state-owned, farm, rental, urban, etc.). The sub-sectors of this industry are forest law, water and mountain. The main regulatory act is the Land Code. Adjustment methods - permission, permissions, prohibitions. 5. Agricultural right. Regulates the procedure for organizing and activities of peasant (farmer) farms, collective farms, joint-stock companies, tenants, their relationship with other subjects (government agencies, enterprises, institutions, members of these farms); the procedure for the use and wages, income distribution; Reflects the features of agricultural production. The collective farm public relations have their own specifics associated with the fact that the collective farms are not state organizations, much in them is based on self-regulation, self-government. The right mediates this relationship is not imperative, but mostly by dispositive methods (consolidation, protection, recommendations, promotion, help, etc.). The main regulatory acts are an exemplary charter of the agricultural artel and the statutes of specific collective farms, the legislation on property, lease, etc. 6. Labor law. The subject of this industry is the scope of labor relations (forms of rational labor organization, its assessment and payment, the definition of tariff rates, discharges, salaries, production standards; working hours, vacation; receiving work and dismissal; the procedure for the conclusion of labor agreements). Work and employees, public, public and cooperative organizations, trade unions are subject to labor relations. The regulatory method is promoting, stimulating, giving relevant regulatory agreements. 7. Civil law. The largest industries regulating the extensive area of \u200b\u200bproperty and personal non-property relations (name, honor, dignity, authorship). The entire civil turnover, the economic activities of enterprises, organizations, institutions and citizens are carried out on the basis of civil law standards (possession, use and disposal of property, its acquisition and alienation, purchase, sale, donation, inheritance, transfer to deposit, deposit, deposit; shipment, transportation, mutual supplies of raw materials and products by producers and consumers). However, not all property relations are governed by civil law, but only those in which the parties are legally equal (the claimant is the defendant; the debtor is a lender; the customer is a contractor) and which are not built on the principle of power and submission, as is the case in administrative, financial, Land right. The latest property relations are also regulated in certain limits, but with other methods. By virtue of its extensity and complexity, civil law as a branch has numerous sub-sectors: hereditary right, inventive, author, patent, housing, transport, etc. The main regulatory act is the Civil Code of the Russian Federation. Some subproduces are also codified (trade navigation code, air code, railway charter). In the conditions of the formation of market relations, the role of civil law increases. The main method of regulation is dispositive. 8. Family law. It is adjacent and closely associated with civil law. Nevertheless, this is an independent industry that regulates the procedure for concluding and termination of marriage, relations between spouses, parents and children, questions of patronization, adoption, guardianship and guardianship, property status of family members, their mutual rights and responsibilities. The main regulatory act is the Family Code. Leading methods are equality of the parties and dispositive. 9. Criminal law. The totality of the norms that determine which socially dangerous (harmful) actions and actions should be considered criminalized; the empowerment of the competent authorities in relation to persons who committed crimes, grounds and conditions for bringing them to responsibility; Principles of punitive policies of the state, species and system of sanctions, compositions of specific acts, shapes and degree of guilt, etc. The main regulatory act is the Criminal Code. The control method is imperative-prohibitive. 10. Criminal executive right. Includes norms regulating the procedure for serving sentences by persons convicted by the court to imprisonment, as well as the activities of the relevant state bodies and institutions for re-education of offenders in places of detention. The criminal executive right is as if the continuation of criminal law, which gives the basis of some scientists to consider the criminal law through criminal law. However, according to most of those skilled in the art, this is still an independent industry that has its own subject, its subjects and its own specific method of regulation - education, promotion in combination with the method of power and subordination. The main regulatory act is the Criminal Code. 11. Criminal procedural law. The branch governing the activities of the Court, the prosecutor's office, the preliminary investigation and inquiry inquisition of criminal cases, determines the procedural forms of this activity, the rights and obligations of entities participating in it (trend, defendants, witnesses, victims, experts, representatives of charges and protection), their legal status. The fundamental regulatory act is the Criminal Procedure Code. Leading control methods are imperative and equality method of parties that are closely interrelated. 12. Civil procedural law. A combination of norms governing the activities of justice bodies and other participants in the process in resolving disputes on the right of civil, as well as by labor, family, personal, financial and other affairs. In civil proceedings, there are mainly the same subjects as in criminal. Differences are subject to subject and methods of regulation. The industry also includes norms regulating the work of arbitration and notarial organs. The main regulatory act is the Civil Procedure Code. Strict adherence to all procedural norms serves as an important guarantee of the implementation of material. In the literature also allocated comprehensive industries: economic law, environmental (environmental), military, commercial, prosecutorial-supervisory and others, combining heterogeneous norms and institutions regulating complicated, "conglomerative" relations. In addition, the latest legal sectors are currently generated by the development of modern scientific and technological progress: cosmic law, atomic, computer, etc.

89. Legal institutions and their types The Institute of Law is a relatively small, sustainable group of legal norms regulating a certain type of social relations. If the legal norm is "the initial element, the" live "cell of legal matter, the legal institution is a primary legal community" ". Legal institutions are designed to regulate individual sites, fragments, parties to public life. Institute is an integral part, block, branch link. In Each industry has their sets. They have relative autonomy, as they relate to a certain extent of independent questions. Examples of legal institutions: in criminal law - Institute of the necessary defense, the institute of extreme necessity, inequiability; in civil law - the institution of limitation, the institution of donation, transaction, Purchase sales; in the state law - Institute of Citizenship; In the administrative institution of an official; in the family law - the Institute of Marriage, etc. All institutions are functioning in close relationship with each other - both within the industry and outside of it. Types legal institutions. First of all, institutions are divided by branches of the rights of civil, criminal, admin Straighten, financial, etc. How many industries are so many relevant groups of institutions. The sectoral affiliation of legal institutions is the most common criterion for their differentiation. For the same basis, they are divided into material and procedural. Next, institutions are classified for sectoral and inter-sectoral (or mixed), simple and complex (or complex), regulatory, protective and constituent (prolonged). The intra-industry institution consists of the norms of one branch of law, and inter-sectoral - from the norms of two or more industries. For example, the Institute of State Property, the Institute of Guardianship and Guide. A simple institute, as a rule, is small and does not contain any other units. A complex or complex, being relatively large, has in its composition smaller independent entities, called subsenters. For example, the Institute of Supplies in civil law includes the Institute of Fine, penalties, responsibility. Regulatory institutions are aimed at regulating appropriate relations, protective - on their protection, protection (typical of criminal law), constituent - enshrine, establish, determine the provision (status) of certain bodies, organizations, officials, as well as citizens (are characteristic of state and administrative law).

The concept of legal doctrine

Definition 1.

In the future, this phenomenon did not receive its development as an independent source of law.

It is different in the Muslim system of law, where the works of prominent scientific laws have always been and still remain the usual source of law to which the court can always refer to.

Definition 2.

Legal doctrine in Russia

Civilian, family, arbitration and procedural codes recognize that foreign law standards are determined by their official interpretation of the doctrine of the relevant foreign state.

In other words, in such a situation, the legal doctrine as a source of international law is recognized.

principle of law;
legal definition;
interpretation of the rules of the right of the highest court;
the procedure for the resolution of collisions;
ways of registration of legal documents;
legal presumption.

Classification of legal doctrines

Legal doctrines can be classified in accordance with:

form of expression - to be written and unscrew;
attitude to religion is religious and secular;
application scope - international and national doctrines;
method of validation - mandatory execution and recommended;
content - copying other legal sources or carrying independent legal significance;

Application in legal practice of legal doctrines may be due to such circumstances as:

gaps, contradictions, uncertainty in positive law;
general adoption of doctrinal views by the community of lawyers;
the authority and spiritual and cultural foundation of the legal doctrine.

Legal doctrine in Russia

Classification of legal doctrines

Recommended list of dissertations in the specialty "Theory and History of Law and State; History of the teachings on the right and state ", 12.00.01 CIFRA VAC

Doctrine in modern right 2006, Candidate of Law Sciences Zozul, Alexander Alexandrovich

Normal right as a structural and functional element of the National Legal System: Historical and Theoretical and Comparative Legal Analysis 2006, Doctor of Law Dashin, Alexey Viktorovich

Form of law: Theoretical and Legal Study 2005, Doctor of Law Sciences Bashno, Svetlana Vladimirovna

Customs and traditions in the legal system of the Republic of Dagestan 2007, candidate of law sciences Sagids, Aslan Magammadovich

Muslim law about the nature of power 2001, Candidate of Law Sciences Koshev, Svetlana Vladimirovna

The dissertation (part of the author's abstract) on the topic "Legal doctrine as a source of law: historical and theoretical issues"

Conclusion of dissertation on the topic "Theory and History of Law and State; History of teachings on the right and state, "Vasilyev, Anton Aleksandrovich

References dissertation research candidate of Law Sciences Vasilyev, Anton Aleksandrovich, 2007

Legal doctrine in Russia

Classification of legal doctrines