Journal of Siberian Federal University. Humanities & Social Sciences: Systematicity of Law: Some Problems of Theory and Practice

Journal of Siberian Federal University. Humanities & Social Sciences / Systematicity of Law: Some Problems of Theory and Practice

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Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2015 8 (8)
Authors: Shaihutdinov, Evgeny M.
Contact information: Shaihutdinov, Evgeny M.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; E-mail:
Keywords: systematicity; system, systematicity of law; elements of law; subsystem of law; functional connections between the elements of law; legal practice; legal provisions
Abstract: “Systematicity” is the most capacious concept applicable to any object of research, which represents all the possible manifestations of systems. Law is a systemic phenomenon, characterized by an organized structure, which is characteristic of a great number of constituent elements and presence of different levels of functional connections between them. Emphasizing the initial element of law as a system depends on the definition of the fundamental function of law, which it is advisable to understand as its regulatory influence on social relations. In this connection, legal standards and regulatory generalizations (the primary regulatory means of law) could be separated as the basic elements of law as a system. The aforementioned primary regulatory means of law are single-level phenomena; connection between them, as a rule, is of coordinating nature. As subsystems of law of the next level it is offered to emphasize forms (sources) of law that formally express and consolidate the norms of law, including in relation to the domestic legal system: subsystems of regulatory legal acts, law treaties and legal practices. These subsystems can be linked both by coordinating and hierarchical connections, due to the status of a particular source (form) of law. Furthermore, the special role of such legal phenomenon as legal practice is justified, which, from the point of view of systematicity of law acts as a mean that ensures the stability of functional connections between the elements of law, as well as its subsystems
Pages: 1754-1761
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/19741

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