Правоприменение (Oct 2020)
Russia: property and state. The history of post-Soviet law enforcement (Part I)
Abstract
The subject. The relevance of the article is stipulated by the gap in the study of property and the state as a consistent system.The purpose of the article is to confirm or disprove the hypothesis that each way of organizing property such as private, mixed (corporate) and general (collective) potentially stimulates the existence of a certain state structure.The methodology. The author uses normative structuralism. This methodology is created by the author and is based on the idea that property as the main system-forming goal of the state’s existence genetically predetermines principles of rationing its structure.The main results of the research. Each way of organizing property in a particular social time period can acquire the quality of the main backbone in the organization structure of the state. Each way of organizing property provides proper social function: private way of organizing property provides function of social development; mixed (corporate) way provides function of social compromise (convergence); general (collective) way provides function of social security in the broadest sense. If private way of organizing property genetically programmed for the production and reproduction of social competition, mixed (corporate) and common (collective) ways are determined by the idea of its limitations and leveling. When the private way of organizing property becomes the main system-forming one it begins to fully stimulate the existence of a democratic structure of state organization. In turn, when mixed (corporate) and common (collective) ways of organizing property become the main system-forming ones, they stimulate the existence of a wide structural range of state functioning: from various regimes of democratic orientation to specific non-democratic regimes. Conclusions. The study of property as the main system-forming goal of the state existence through the normative structuralism concept allows us to conclude that that each way of organizing property stimulates the existence of a certain state structure.
Keywords
