About the idea of additive technologies in building a legal system

Occupation: Expert of the Russian Academy of Sciences; Professor of the Department of legal regulation of economic activity of the Financial University under the Government of the Russian Federation
Affiliation: Financial University under the Government of the Russian Federation
Address: Russian Federation, Moscow

Lyudmila Yu. Grudtsyna

Occupation: Expert of the Russian Academy of Sciences; Professor of the Department of Civil Law and civil procedure of the North-Western Institute (branch) University of Kutafin (MSAL)
Affiliation: North-Western Institute (branch) University of Kutafin (MSAL)
Address: Russian Federation, Vologda

Matvey N. Pyankov

Occupation: Research fellow of the Research Institute of the Federal Penitentiary Service of Russia
Affiliation: Research Institute of the Federal Penitentiary Service of Russia
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 2

Pages

40-48

Abstract

In the article, the authors, considering the division of law into branches and institutions to be largely conditional and outdated, propose a conceptual idea of enlarging the elements of the legal system and returning to the idea of dividing law into public and private in the aspect of the use of additive technologies. For many years, Russian legal science has followed the path of splitting the "legal platform" into separate sectors, separating them into branches of law, sub-sectors, institutions, as well as complex branches of law. Well, no breakthroughs, increasingly complex legislative array of branches law has not become clearer, on the contrary, the complication and "inventing" new fields of law have added confusion to the science and practice, leading the understanding of deep meanings of structural dualization of law. The authors of the article argue their critical attitude to the idea of "cyclical legal arrays" proposed by various scientists, which is based on the idea of "cyclization" in law. Alternatively, the concept of "legal circular arrays" and broad discussion, the authors suggest a conceptual idea - "additive technologies law", the essence of which is to string together elements (the Rule of Law, institutions and even industry law), which previously formed a single system, interacting or not interacting in a complex or fragmented, if by "ripe" conditions and if their synthesis will give a great effect and a breakthrough for the new system, which they have teamed up and will give a new qualitative characteristics by uniting elements. The top of this pyramid should be the unification (consolidation) of the currently existing artificial branches of law and, ultimately, the justification of the concept of private and public law in the context of digitalization. Back to basics – two major areas – public law and private law, in our view, "facilitate" the process of adapting law to the new digital reality, when there is no conditional branches and restrictions, and in two complementary and interacting spheres (private and public law) relationship will be to consolidate the rules of the digital world, will become an effective tool for resolving a variety of "digital" (already existing and emerging) relations laws.

Keywords

system of law, public law, private law, additive technologies, cyclic legal arrays, branch of law

Received

03.11.2020

Publication date

17.02.2021

Number of characters

29740

Cite

GOST	Ivanova S., Grudtsyna L., Pyankov M. About the idea of additive technologies in building a legal system // Gosudarstvo i pravo – 2021. – Issue 2 C. 40-48 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520013671-9-1 (circulation date: 26.04.2024). DOI: 10.31857/S102694520013671-9
MLA	Ivanova, Svetlana A, Grudtsyna, Lyudmila Yu, Pyankov, Matvey N "About the idea of additive technologies in building a legal system." Gosudarstvo i pravo 2 (2021):40-48. DOI: 10.31857/S102694520013671-9
APA	Ivanova S., Grudtsyna L., Pyankov M. (2021). About the idea of additive technologies in building a legal system. Gosudarstvo i pravo (2), pp.40-48 DOI: 10.31857/S102694520013671-9

100 rub.

When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 708

Readers community rating: votes 0

1. Abramova A.I. Modern trends of integration and differentiation of legal regulation // Journal of Russ. Law. 2018. No. 9. P. 29–38 (in Russ.).
2. Braginsky M.I. About the place of civil law in the system of "the law of the public — private law" // Problems of modern Civil Law: collection of articles / ed. by V.N. Litovkin, V.A. Rakhmilovich. M., 2000. P. 76, 77 (in Russ.).
3. Bratus' S.N. On the subject of Soviet Civil Law // The Soviet State and Law. 1940. No. 1. P. 32 (in Russ.).
4. Civil Law: actual problems of theory and practice / under the general editorship of V.A. Belov. M., 2007 (in Russ.).
5. Digests of Justinian. M., 2002. P. 83 (in Russ.).
6. Dozhdev D.V. Roman private law: textbook. M., 1996. P. 1 (in Russ.).
7. Zaloilo M.V. Cyclical legal array as an atypical phenomenon in the conditions of digitalization // Russ. the Constitutional Law. 2019. No. 1. P. 18 (in Russ.).
8. Ivanov V.I. Private relations: setting the question // Education and Law. 2011. No. 5 (21). P. 54, 55 (in Russ.).
9. Korshunov N.M. The convergence of private and public law: problems of theory and practice. M., 2011. P. 5, 6, 26 (in Russ.).
10. Korshunov N.M. Private and public law: problems of the foundations of the modern theory of convergence // Journal of Russ. law. 2010. No. 5. P. 66–72 (in Russ.).
11. Lenin V.I. The complete collection of works: in 55 vols. Vol. 44 (in Russ.).
12. Mal’tsev G.V. The ratio of private and public law: problems of theory // Civil and Commercial Law of foreign countries: textbook / ed. by V.V. Bezbakh, V.K. Puchinsky. M., 2004. P. 734 (in Russ.).
13. Branches of legislation and branches of law of the Russian Federation: general theoretical, inter-branch, branch and historical-legal aspects / ed. by R.L. Khachaturov. M., 2017 (in Russ.).
14. Pakhman S.V. On the modern movement in the science of law. SPb., 1882. P. 46 (in Russ.).
15. Rad’ko T.N., Golovina A.A. Modern system-legal theory: a new stage of development or methodological crisis // State and Law. 2017. No. 2. P. 34–40 (in Russ.).
16. The system of the Soviet socialist law. Theses of the Institute of Law of the USSR Academy of Sciences. M., 1941 (in Russ.).
17. Tikhomirov Yu. A. New vectors of regulation – "other" law? // Journal of Russ. law. 2016. No. 4. P. 5 - 15 (in Russ.).
18. Khabrieva T. Ya. Cyclical normative arrays in law // Journal of Russ. law. 2019. No. 12. P. 12, 13 (in Russ.).
19. Khabrieva T. Ya., Chernogor N.N. Law in the conditions of digital reality // Journal of Russ. law. 2018. No. 1. P. 85–102 (in Russ.).
20. Khabrieva T. Ya., Chernogor N.N. Strengthening the Rule of Law and countering corruption in the conditions of Eurasian integration // Social Sciences and Modernity. 2017. No. 1. P. 15 (in Russ.).
21. Digitalization of law-making: the search for new solutions / ed. by D.A. Pashentsev. M., 2019. P. 84 (in Russ.).
22. Chernogor N.N., Zaloilo M.V. Metamorphoses of law and challenges to legal science in the context of the coronavirus pandemic // Journal of Russ. law. 2020. No. 7 (in Russ.).
23. Yakovlev V.F. Ekonomika. Law. Court. M., 2003. P. 129 (in Russ.).