Shubenkova K.V. The Problem of Globalization in Law: a Historical Review

DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.14

Kseniya V. Shubenkova, Candidate of Juridical Sciences, Associate Professor, Department of Theory and History of State and Law, Volzhsky Branch of Volgograd State University, 40 let Pobedy St., 11, 404133 Volzhsky, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: at the present stage of development of the globalization of law are most relevant in connection with the actively developing process of convergence of legal systems, mutual influence and interpenetration of legal norms of different countries. In this regard, the author seeks to study the positive and negative aspects of the globalization of law, the existence in these conditions, the national legal system and its sustainability. Objectives of the study are to determine the essence of the process of globalisation, its main characteristics reflected in the discussions of Russian scientists. Methods: the methodological basis of this study includes a number of scientific methods, among which the main place is occupied by the methods of systematization, analysis and comparativelegal. Results: grounded in the work of the author’s view is based on the scientific positions of Soviet and contemporary legal scholars, the main directions of development of the Russian legal system, its peculiarities and problems nowadays. Legal analysis of the Russian legislation allowed to reveal the ambiguous role of the process of globalization of law. Therefore, the analysis of the Russian legal system has shown that on the one hand, there are positive trends in the influence of globalization on Russian law: Russian law included rules governing the protection of the rights and freedoms of citizens. On the other hand, the majority of authors note that the processes of globalization lead to the destruction of a coherent national legal system, destabilizing it, borrowing not only of universal norms, but also norms, which resulted in negative implications and downgraded the status of citizens. Conclusions: the study identified the negative effects of globalization in law, including in Russia, when the mindless borrowing of international norms and standards of other countries (for example, reducing the sphere of sovereignty of the national state, or the adoption of rules without taking into account national circumstances) leads to the instability of the legal system. The Russian legislation has become Intrusive, overly detailed and inflexible, with the result that is not possible in a timely and effective response to the demands of society. It is established that domestic legislation is in line with global trends, and the globalization of the legal system is a natural and important process that must be approached with caution, carefully making decisions on the introduction of certain norms of other legal systems or international law.

Key words: legal globalization, the national legal system, reception, international world statehood.

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