Vladimir N. Sinyukov
Kutafin Moscow State Law University, Moscow, Russia, email@example.com
Abstract. 2020 marked the 95th Birth Anniversary of the prominent Soviet and Russian theorist of law, an outstanding organizer of legal education V. V. Borisov. The article discusses the key points of his theory of law and order. The context of the analysis is the modern theoretical achievements of Russian and foreign jurisprudence, as well as the practice of legal regulation. The article highlights aspects of the theory of V. V. Borisov, which allow us to rethink the important elements of modern Russian law and order. It is concluded that the distinguishing feature of Borisov's theory is the presentation of the rule of law as a structure of the legal space, which is significantly different from the understanding of the rule of law as the only normative system according to foreign doctrine. It is shown that the meaning of Borisov's theory is that the basic values of national law, expressed in historical tradition, constitutional requirements, and political organization, realize their relevance only in a system of coordinated legal definitions that reflect the integrity of the social environment. The rule of law provides its own corridor of opportunities for the legislator and law enforcer. It creates conditions or restrictions for one or another version of decision-making.
The article reveals the correlation of the categories of law and order and the legal system and space and temporality of the rule of law. It is characterized by its static and dynamic properties. The article also shows the specificity of the ideological basis and subjective composition. The importance of ideas about the isolation and identity of the rule of law, the specificity of its normativity and excess normality as an organization is demonstrated. The sources and causes of the crisis of the normative model of law and order are revealed. The ways of overcoming it, the role and limits of codification in the normative model of law and order are substantiated; variants of modern searches for normative management are indicated.
It is concluded that the theory of law and order creates opportunities for the conceptualization of the domestic legal space. Borisov's theory substantiates the institutional understanding of the rule of law as the basis of a post-normative model of legal regulation. A general conclusion is made about the theory of V. V. Borisov as a new normative constructivism, where the doctrine of a syncretic legal structure is opposed to the doctrine of a hierarchy of norms.
Keywords: V. V. Borisov, law, law and order, legal system, norm of law, legal relations, legislation, normativity, codification, the doctrine of H. Kelsen, the identity of law, structure of law, space law, subjects of law
Acknowledgments. The study was carried out within the framework of GZ 075-00293-20- 02, 25 May 2020, FSMW-2020-0030.
For citation. Sinyukov V.N. V.V. Borisov’s Theory of Law and Order in the Modern Russian Context: Significance and Prospects. Journal of Russian Law, 2021, vol. 25, no. 3, pp. 17—32. (In Russ.) DOI: 10.12737/jrl.2021.031
Full text in Russian