Popov V.V. Some Methodological Problems of Formulating the Subject Domain of the Notions “Legality” and “Legal Order”
- Viktor V. Popov
- Candidate of Juridical Sciences, Associate Professor, Department of Theory of Law and Human Rights
- Volgograd Academy of the Ministry of the Interior of Russia, Police Colonel
- Istoricheskaya St., 130, 400089 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
- Introduction. This article discusses the existing in the Russian legal science peculiarities of the definitions of “legality” and “legal order”. Methods. The author used general scientific research methods such as analysis, synthesis, comparison, and specific scientific methods of studies: formal legal and technical legal. Results. At present, there are theoretical preconditions for the formulation of, at least, 24 (within normativism) variants of the notion “legality”. However, all these formulations are characterized by the same disadvantages: pleonasticity, mixing scientific-subject areas, a violation of the principle of uniqueness of naming. Conclusions. There is neither theoretical correctness, nor practical requirement to demand (prescribe) complying with the regulations (requirements). The scientific characteristics of high-quality, stable implementation of legal regulations turn out to be the most effective in terms of legal order but not legality.
Key words: legality, legal order, legality as requirement, legality as implementation, natural law, positive law.
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