DOI: 10.7256/2454-0641.2014.4.11881

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DOI: 10.7256/2306-0417.2014.3.11892

Abstract: The modern Russian statehood is the product of loss of the USSR in the Cold War. Modernization of the post-Soviet Russia took place with active help of the West, as represented by the USA. Such help usually involved introduction of hte modernization models used by the West in the Third World states. The introducec model does not presuppose external administration. It is based upon the attributes of statehood, while the state becomes highly dependent upon a certain state (the USA) or a group of states (the West).  The specific feature of this model concerns erasing the understanding of objective political and legal processes among the populations of the colony and metropolian state, introducing certain political and legal myths, supporting the existing colonial order. The model defines ideology for the lower conflict potential in the Russian soecity. The methodological basis for the studies involves general scientific methods (dialectic, analysis, synthesis, analogy, functional, systemic and structual approaches, abstraction and specification, linguistic analysis), specific legal methods (special legal cognition methods: formal legal, comparative legal, technical legal, legal modeling), as well as special methods (social, psychologic al, anthropological, historical). The use of various methods of studies and the latest achievements  of the social sciencies in their combination allowed to discuss object and immediate object of studies within the context of general patterns of their existence and development, facilitating the achievement of the goals of studies. Theoreticl and methodological basis for the studies involves the scientific work of Russian and foreign scientists in the spheres of jurisprudence, philosophy, political science, geopolitics, history, concerning the general problems of nature and use of modernization technology, its political and legal nature. The scientific novelty is due to the theoretical and  methodological substantiation for the existence of reformers ideology, which is present in the humanities. The scientific novelty is due to the analysis of the matters, which were not previously studied from the general ideological position, its goals, function and system of principles.   The author provides an original vision of reformers ideology, which is now supported by the Russian humanities, explicating its definition, specificities and prerequisites. 

DOI: 10.7256/2306-0417.2014.2.11880

Abstract: Information psychological warfare gained a new meaning as a result of the downfall of the global colonial system. As a result the "Westernization" model was formed for the modernization of these states. The main facilitator of this model is the reception of the Western legal tradition, declaring and providing for the dependent position of the third states from the Western states. The author understand reception of law as borrowing and introduction of ideas, legal institutions, norms, terminology of foreign law for the purpose of modernization of the legal system, gaining international authority, or supporting political and economical dependency on other states. The methodological basis for the study was formed by the general scientific cognition methods (dialectics, analysis, synthesis, analogy, functional, systemic and structural approaches, abstraction and specification, linguistic analysis, as well as specific scientific and legal methods of studies: formal legal, comparative legal, technical legal methods, legal modeling, and special methods (sociological, psychological, anthropological, historical). The combined use of various methods of studies and the latest achievements in the sphere of social science allowed to reveal object and immediate object of studies within the general patterns of their existence and development, and facilitated achieving the goal and immediate targets of the studies. The theoretical and methodological basis for the studies was formed by the scientific works of Russian and foreign scientists in the spheres of jurisprudence, philosophy, political studies, geopolitics, history on general problems of nature and use of reception of law, its political and legal nature, general issues on legal reforms based upon the full-scale reception of law, specific problems regarding use of the borrowed legal ideas, principles, institutions, terminology. Its scientific novelty is due to the theoretical and methodological substantiation of the elements of information psychological warfare, substantiation of the existence of the independent process of legal reception  within the area of the Russian system of law and legal conscience. The scientific novelty of the article in general is due to the analysis of the reception of law, its goals, functions and system of principles from the general theoretical standpoint, which was not done before. The author offers an original vision of the reception of the Western law within the Russian legal system, explicating its definition, specific features and prerequisites. The scientific novelty is also due to the development of the main directions for the optimization of the phenomenon of reception of the Western law and defining the perspectives for its use in various branches of Russian law.

DOI: 10.7256/2305-9699.2013.6.818

Abstract: The reception of law is a necessary instrumetn for the development of the legal system. As a legal matter, reception is currently the most demanded instrument for the modernization of law.  It is due to the fact that legal system of all states have never been existing in isolation, and they do not do so now.  Then the state attempts to fight reception of law and cultural values in general the situation usually ends up in a complete failure for a state and degradation of a society.  The phenomenon of full-scale reception, which allows to resolve global issues, regarding internal and external challenges to the statehood, deserves special attention.  One of such challenges is crisis of statehood due to the need for modernization.  Such a need may be related to an external threat  of military or economic character. The full-scale reception of law in the framework of legal reforms becomes possible as a result of crisis of state and law. It may therefore be defined as a crisis model for reception.

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