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

DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.3

Kseniya V. Shubenkova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Theory and History of Law and State, 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, the issues of globalization in law are the most relevant in connection with the actively developing processes of convergence of the legal systems, mutual influence and interpenetration of legal norms of different countries. In this regard, the author aims to study the positive and negative aspects of the process of globalization of law, the existence in these conditions of the national legal system, and its sustainability. The objectives of the study are to determine the essence of the process of globalization, its main characteristics, reflected in the discussions of the Russian scientists. Methods: the methodological framework for this study includes a number of methods of scientific knowledge, among which the main are the methods of systematic analysis and the comparative law method. Results: the author’s view grounded in the work is based on the scientific standpoints of the Soviet and modern legal scholars, the main directions of development of the Russian legal system, its features and problems at the present time. The legal analysis of the Russian legislation revealed the dual role of globalization of law. Thus, the analysis of the Russian legal system showed that, on the one hand, there are positive trends in the impact of globalization on Russian law: the Russian statutes include the rules governing the protection of the rights and freedoms of citizens. On the other hand, most authors note that the processes of globalization lead to the destruction of the coherent national legal system, its destabilization, borrowing not only universal norms, but also the norms that have led to negative consequences and worsened the situation of citizens. Conclusions: as a result of the study, the negative consequences of globalization in law, including the Russian one, are revealed when the thoughtless borrowing of international norms and norms of other countries (for example, the reduction of the sphere of sovereignty of a national state, or the adoption of norms without taking into account the national peculiarities) leads to the instability of the entire legal system. The Russian legislation has become intrusive, too detailed and inflexible, and as a result it is impossible to respond to the demands of the society in a timely and effective way. It is established that the domestic legislation is developing in line with the global trends, and the globalization of the legal system is a natural and important process, which must be approached with caution, carefully taking decisions on the introduction of certain rules of other legal systems or the international legislation.

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

Citation. Shubenkova K.V. The Problem of Globalization in Law: a Historiographical Review. Legal Concept2018, vol. 17, no. 3, pp. 21-27. DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.3

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