Priority development tendencies for a legal society system
In the modern world a tendency to interdependence and interaction among states is being observed. On the one hand, these tendencies are explained by integration of economic processes, communication and information facilities, transport systems, information community. On the other hand, growing mental information exchange between peoples, communication on getting and using knowledge and education also influence these tendencies.
A transition to other political and economic systems, separation of state powers, a constitutional fastening of incorporeal right and business activity have considerably changed the legal system of Belarus. These developments have caused an extraordinary reversal of a legal science, reconsideration and reformation of traditional institutions, and have led to new legal institutions. Thereby a number of topical theoretical issues arises.
At present the elaboration and mobilization of civilized factors interactions point out to the development of legal systems. Traditional legal values interact with new values which have been accepted and borrowed by the legal system from other legal systems. The progress of legal systems is historically observed in separate societies and states. These patterns have finally been caused by the development of economic factors, the improvement of productive forces and relations of production, the development of market economy. The modern legal picture reveals a variety of legal systems and illustrates the determination of states for rapprochement, unity of legislation, legal activity in the regulation of market relations, environment protection and other spheres of public life.
A newly revised system of law shows a greater ability to focused social policy. A social duty, which suggests a removal and easing of social contradictions with civilized means and a decent standard of living for every person, is subjected to transformation under the influence of globalization. Meanwhile a state preserves a commitment to its own experience and to the achievements of the international civilization especially in the regulation of property relations and market economy.
All modern legal systems possess a sharp growth in social relations which require legal regulation, an increased law-making activity of public authorities, and an orientation to law as a generally accepted and independent value. A contemporary law is characterized by a greater adaptability, flexibility, ability to regulate public relations in different regimes.
Considerable growth and elaboration of legislation, an emergence of a number of new legal acts have required large-scale codification activities. A peculiar codification has occurred and showed that some part of the code has been substituted or replaced by the current legislation.
Considerable changes have occurred in the structure itself of legal source. In spite of considerable growth of legislation, the specific gravity of acts of the executive branch has increased in general. The value of jurisprudence has also increased. The Constitutional Court’s decisions have taken a special place among sources of law, which has contributed to law development and democratic principles consolidation in politics.
Simultaneously there has been a tendency of a close connection between civil and administrative methods of legal regulation, which has led to narrowing of differences between public and private law. The need for similar regulation of all complex economic relations has led to the emergence of a combined law branch.
The active development of economic legislation has influenced not only elaboration of national legal systems, but also reinforcement of legal interaction between different states. This tendency to approximation of different legal systems reflects objective demands of the developed world economy, and especially interests of transnational companies. Such companies lead their business in many states simultaneously and are interested in coherent legal approaches in the regulation of similar economic relations. Economic integration processes inevitably lead to reinforcement of law homogeneity in different states and to the narrowing of former differences between continental and Anglo-Saxon legal systems.
One of the typical peculiarities of modern law development is considerable influencing growth of international law on domestic law of every separate state. The influence encompasses both the constitutional legislation and all the law system. An increased number of rules of international law are especially noticeable in the last decade. They concern trade and economic relations between states. As a result a peculiar international economic law appears. The peculiarity of international law is its transformation into domestic national rules.
International economic and political unions of European states play an important role in the process of unification and coordination of legislation. The constitutive rules of international economic and political unions often enter a national law of member states.
Thus, the legal system as a social phenomenon is influenced by political and civil contradictions of an objective and subjective kind.
Research purpose — to explore contradictions and regularities legal system development, to define theoretical and applied fundamentals of effective functioning of national law system within the context of the socio-economic development of Belarus.
Research objectives — to study a role of prediction in science of law and its practical value in the development of state and legal system, areas of improvement and optimization of state administration, to analyze the role of the state in the development of the country, to explore the need and sufficiency of market regulations by means of law, and tendencies of living standard rise.
- prediction in science of state and law, formation of new law branches, emergence and development of new legal processing;
- establishment of limits of ensuring natural rights and duties;
- exposure of new legal possibilities of a person which are based on science and culture development, growth in prosperity, their fixation in legal acts;
- detection of the correspondence of legal phenomena to actual public relations;
- analysis of law standards execution, combination of dynamism and stability, law slowdown and stimulation, optimal development of rules of law, institutions, and the system in general;
- detection of a role of the legal system in formation and development of civil society.
Degree of scientific readiness of the issue. The works of our country’s and foreign authors are devoted to the studied problem. Meanwhile, the problem hasn’t thoroughly been explored up till now. G. Ellenek, L. Dyugi, I.A. Il’in, and contemporary authors such as S.I. Asknasiy, F. Hayek, V.S. Nersesuants, L.S. Mamut researched the nature of source of law. E. Vas’kovskiy, R. Kavelin, F. Muromets, G.F. Shershenevich concentrated on differentiation of public and private law. Soviet men of law pointed out to the need of economic changes within the whole country, considered the legal system as a totality of legal rules issued by the state. The attempts to analyze the tendencies of legal system development were insignificant (Yu. Tohomirov, M. Agarkov, F. Kechek’yan, B. Cherepahin).
Research scientific novelty is that of an attempt of an integrated consideration of legal system development, determination of theoretical and applied fundamentals of the effective functioning of the national legal system of Belarus.
A successful result of research is ensured by the participation of 12 Candidates of Sciences.