Гуманитарные и юридические исследования (Sep 2021)
LEGAL AND POLITICAL POSITIONS IN THE CONTEXT OF INTERNAL AND INTERNATIONAL RELATIONS
Abstract
In the article, based on the analysis of doctrinal, reference normative and law enforcement sources, the phenomena «legal position» and «political position» are investigated. Doctrinal and reference materials, international treaties and agreements, provisions of domestic law, as well as acts of international and national jurisdictional bodies served as the source of the research. The absence of a uniform understanding of legal and political positions in domestic and international official documents was established. The content of the legal position in Russia is often associated with the results of the interpretation of the norms of law by the participants in the trial. At the interstate level, legal positions are considered as formulated legal beliefs (systems of legal beliefs) of individual subjects, which can enter into dissonance with respect to each other. Political positions express the attitude of the subjects of politics to various elements of the political sphere, assessments of the relevant political phenomena and the results of the choice of means and methods of political struggle. The author notes the diversity of interpretations of political positions in Russian and international law, in the decisions of interstate jurisdictional bodies in the context of the right to designate political will, position (status), and political attitude to the institutions of power and as a source of information about political life. The study reveals contradictions in the structure of legal, political and factual positions, which can be rational and irrational, repeating the corresponding features and defects of legal consciousness of the subjects-carriers. Correlation of legal and political positions in the system "form" and "content" is carried out. The productive properties and qualities of legal and political positions that can prevent (assist in overcoming, resolving) legal and political conflicts have been determined. The classification of legal and political positions according to the degree of importance into official, semiofficial and unofficial is proposed.
