Russian Journal of Economics and Law (Mar 2015)
SANCTION IN THE RUSSIAN LEGAL REALITY: LEVEL RESEARCH
Abstract
Bjective: to form scientifically grounded knowledge on the role and place of legal sanctions in the Russian legal reality at all levels. Methods: general philosophic methods (dialectic, synergetic, phenomenological); general scientific methods (systemic-structural, logical); specific-scientific methods (formal-juridical, comparative-legal). Results: basing on the systemic-structural and comparative research of the levels of legal reality, as well as the functions and roles performed by each sanction, it is shown, how the conceptions of the sanctions and objectives of their implementation depend on subjective and objective factors, how the official confirmation of the functions of legal sanctions in Russia differs from their actual implementation in the legal reality. In the Russian legal reality we propose to extinguish several levels: law awareness and legal mentality, law proper and law enforcement practice, and legal behavior (the subject’s view on justice and its correlation with the existing law). At each level the legal sanctions perform a certain role and are represented in a certain form. The necessity is actualized to use abroad range of methods for legal sanctions research (sociological, psychological, statistical), in order to more specifically confirm their content in legislation and predict their efficient implementation. Scientific novelty: for the first time the attempt is made to study the role and function of legal sanctions at different levels of legal reality. Practical value: the main provisions and conclusions can be used in both scientific-educational activity and in elaborating drafts of legislative acts to confirm legal sanctions. The author’s comments and proposals can be used for estimating the probable informational and motivational impact of sanction on the human conscience and behavior, and when evaluating the interests’ conflict in forming the sanctions content.
