Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
Abstract. In different years in a particular state, especially in transition periods associated with the change of paradigms of state, social and legal development, the problem of correlation between the principles of legality and expediency becomes more acute. At present, when postmodern society enters the era of the sixth technological order, the legal regulation of public relations under the influence of their dynamics is rapidly updated and transformed, but still has a rather “lagging” character; defects in law remain; the gap in legislation on technological development is stated; there are other kinds of imperfections in the normative legal array. In the current circumstances, the problem of correlation between legality and expediency becomes particularly relevant.
The purpose of this research is to determine the correlation between legality and expediency in modern post-industrial society. In accordance with this goal, through formal-legal, historical, formallogical methods, modeling and forecasting methods, as well as post-classical legal methodology (hermeneutics, synergetics of law), the article analyzes the classical and modern understanding of these principles; the legality and expediency are examined in the aspect of changing of legal cycles and paradigms of legal development; the Constitution of the Russian Federation of 1993 is considered as the basis of legality in the modern Russian state; the characteristics of postmodern society are given; the problems of legal development and advanced law-making in post-industrial society are identified; in the aspect of strengthening of the principle of legality, the constitutional reform that has been carried out in Russia since the beginning of 2020 is analyzed.
Based on the research the author makes conclusions about changes of the role and transformation of the law as the main source of law corresponding to modern realities, the understanding of legality is modeled, and the correlation of this principle with the principle of expediency is predicted in the conditions of updating the normative legal array during the transition to the sixth technological order.
Keywords: legality, legal order, expediency, legal values, constitution, constitutional reform, interpretation of constitution, postmodern, postindustrial society, sixth technological order, fragmentation of legal regulation, gaps.
For citation: Zaloilo M. V. Legality and Expediency in Postmodern Society: Revising of the Existing Classical Model. Zhurnal rossijskogo prava = Journal of Russian Law, 2020, no. 6, pp. 22—37. DOI: 10.12737/jrl.2020.065 (In Russ.)