On the fundamental science of law and some of its directions

Occupation: Chief researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 5

Pages

19-31

Abstract

The article deals with the problems of science as a form of cognition of the surrounding world in terms of systematization of knowledge about the laws of nature, society, the state, thinking. The assumption is justified on the basis of scientific knowledge of the world in the initial phase of the emergence of human civilization: from the discovery of fire (science) and with the regulation of relations in each primitive social formation through education it practices and the consequent formation mechanism of interpersonal non-violent method of resolving disputes, quarrels and conflicts (socio-humanistic Sciences). When considering the problems of fundamental, search and applied science, the author notes that the organizational forms of science (academic, University, industry and – this is new – individual) are not "tied" to the types of research.

Fundamental science, including the science of law, - is, in the author's opinion, a search in the field of obscurity, a problem of the over-horizon level. At the same time, there are those areas of fundamental science of law that arose from ancient times and continue to be relevant today, and they will be in the indefinite future.

As an example of this trend, the author considers the problem of property rights in symbiosis with the problem of justice, in particular, asks the question: what subject of law in our country today owns natural resources by right of ownership? The author believes that the answer here should be based on constitutional provisions, but the current Constitution of the Russian Federation does not contain a direct fixing of this property, which leads to serious negative consequences, which is outlined in this work. The very constitutional basis for regulating these relations should be based on the principles of justice, and all subsequent legislation should comply with it.

Keywords

law, science, fundamental problems of the science of law, property rights, justice

Acknowledgment

The article is made using the SPS "ConsultantPlus".

Received

10.03.2020

Publication date

22.06.2020

Number of characters

53872

Cite

GOST	Kleandrov M. On the fundamental science of law and some of its directions // Gosudarstvo i pravo – 2020. – Issue 5 C. 19-31 [Electronic resource]. URL: https://gospravo-journal.ru/S013207690009664-2-1 (circulation date: 25.04.2024). DOI: 10.31857/S013207690009664-2
MLA	Kleandrov, Mikhail I "On the fundamental science of law and some of its directions." Gosudarstvo i pravo 5 (2020):19-31. DOI: 10.31857/S013207690009664-2
APA	Kleandrov M. (2020). On the fundamental science of law and some of its directions. Gosudarstvo i pravo (5), pp.19-31 DOI: 10.31857/S013207690009664-2

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