Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 68
Enero
Junio
2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
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Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 68 (Enero - Junio) 2021, 798-810
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 15/09/2020 Aceptado el 28/12/2020
Role of principles of law from the
perspective of legal impact in
modern Russia: theoretical and
technical-legal aspects
DOI: https://doi.org/10.46398/cuestpol.3968.52
Gyulnaz Eldarovna Adygezalova *
Irina Stanislavovna Kich **
Sergey Alekseevich Zhinkin ***
Susanna Vladimirovna Salikova ****
Neonila Dmitrievna Paltseva *****
Abstract
The article discusses the problems related to the implementation
of the legal impact on modern Russia and the role of the principles
of law as the underlying idea behind that impact. This research
aims to structure visions of the main characteristics and classications
of the principles of law in the context of their formalization. The authors
use the method of technical analysis of regulations, which is important to
meet the requirements of legal engineering. As a result of the work carried
out, the authors suggest that, on the one hand, it is important to aim at
the standardization of the principles of law as accurately and accurately
as possible in legislation. On the other hand, they assume that principles
that are already assured in legislation but have not yet been recognized
by the scientic community must also obtain an assessment and justied
characteristics in the doctrine. They conclude that, from a technical-legal
point of view, a principle of law that is not scientically recognized does
not disappear from the legal framework if it is institutionalized as such in
effective legislation. On the contrary, essentially new principles enshrined
in legislation should not be ignored by legal science.
Keywords: legal science; principles of law; law in modern Russia;
theoretical aspects of law; technical-legal aspects of the law.
* Kuban State University, Krasnodar, Russia. ORCID ID: https://orcid.org/0000-0003-3682-2121.
Email: gyulnaz_2000@mail.ru
** Kuban State University, Krasnodar, Russia. ORCID ID: https://orcid.org/0000-0003-2995-2163.
Email: irina.kich@bk.ru
*** Kuban State University, Krasnodar, Russia. ORCID ID: https://orcid.org/0000-0002-0291-4469.
Email: sergey.zhinkin@bk.ru
**** Kuban State University, Krasnodar, Russia. ORCID ID: https://orcid.org/0000-0002-0224-0388.
Email: susanna.salikova@bk.ru
***** Kuban State University, Krasnodar, Russia. ORCID ID: https://orcid.org/0000-0002-4691-0284.
Email: n.d.paltseva@mail.ru
799
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Papel de los principios del derecho desde la
perspectiva del impacto legal en la Rusia moderna:
aspectos teóricos y técnico-legales
Resumen
El artículo analiza los problemas relacionados con la implementación del
impacto legal en la Rusia moderna y el papel de los principios del derecho
como la idea subyacente detrás de dicho impacto. Esta investigación tiene
como objetivo estructurar las visiones sobre las principales características y
clasicaciones de los principios del derecho en el contexto de su formalización.
Los autores utilizan el método de análisis técnico de las regulaciones, que
es importante para cumplir con los requisitos de la ingeniería legal. Como
resultado del trabajo realizado, los autores sugieren que, por un lado, es
importante apuntar a la estandarización de los principios del derecho con la
mayor precisión y especicación posible en la legislación. Por otro, asumen
que los principios que ya están asegurados en la legislación pero que aún no
han sido reconocidos por la comunidad cientíca, también deben obtener
una evaluación y características justicadas en la doctrina. Concluyen que,
desde el punto de vista técnico-jurídico, un principio de derecho que no
está cientícamente reconocido no desaparece del marco jurídico si se
institucionaliza como tal en la legislación efectiva. Por el contrario, los
principios esencialmente nuevos consagrados en la legislación no deben ser
ignorados por la ciencia jurídica.
Palabras clave: ciencia jurídica; principios de derecho; derecho en la
Rusia moderna; aspectos teóricos del derecho; aspectos
técnico-legales del derecho.
Introduction
In the modern world, legal impact and its technical components
are inuenced by several factors and characterized by unprecedented
complexity. In this context, the legal and technical need for clear and precise
statutorization of the principles of law and principles of legal impact as its
fundamentals, which should form the core of legal regulation, is growing.
In Russian science, the issues connected with characteristics and
classication of the principles of law remain a subject of discussion.
Participants of such discussions point out that the principles of law are
always objectively inherent in law as a phenomenon and social regulator,
“the essence of law penetrates the content of all its principles” (Vedyakhin
and Surkova, 2005). As Jean-Louis Bergel fairly noted, “general principles
of law constitute a foundation without any legal framework” (Vedyakhin
and Vedyakhina, 2002). According to the interpretations suggested by
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Gyulnaz Eldarovna Adygezalova, Irina Stanislavovna Kich, Sergey Alekseevich Zhinkin,
Susanna Vladimirovna Salikova y Neonila Dmitrievna Paltseva
Role of principles of law from the perspective of legal impact in modern Russia: theoretical and
technical-legal aspects
modern authors, the principles of law “represent the ideas that express
the essence of law and characterize its social purpose” (Vedyakhin and
Vedyakhina, 2002).
Unfortunately, from this perspective, the situation in modern Russia
is very chaotic in terms of technical-legal aspects. The doctrine contains
one set of general legal principles of law; a similar but still different set is
enshrined in the federal legislation; the third one —in the regional set of
laws; the fourth one —in the acts issued by the Supreme Court of the Russian
Federation and the Constitutional Court of the Russian Federation. One the
one hand, it should be admitted that such a situation exists; on the other
hand, it appears unacceptable not only from the technical but also from
the legal and social perspectives even though in the course of examination
of certain cases, the court spreads general moral denitions that make up
the reasonable content of law among the mass of the population (Lavrus,
2005).
This article looks at the issue of classication of principles of law and
distinguishing principles as such and doctrinal ideas applying to the legal
sphere. Besides, this work pursues the goal of showing that the principles
enshrined in the federal and regional legislation of modern Russia are not
the same; therefore, they must be unied and brought into correlation.
1. Methods
For making a more accurate distinction between the principles of law
and ordinary ideas connected with improvement of social and legal life
and shared by well-known scholars, it appears reasonable to use technical
analysis of texts of regulations. In our opinion, it is also important to use the
comparative method to compare the principles enshrined in the federal and
regional legislation and provide comparative characteristics of statutory
and non-statutory principles.
2. Results
As a result, we identied three groups of principles recognized as the
principles of law: those that are doctrinal, those that are enshrined in the
federal and regional legislation, and those enshrined in the acts issued by
the Supreme Court of the Russian Federation and the Constitutional Court
of the Russian Federation. In this connection, we also examined the issue
of their correlation and harmonization.
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3. Discussion
According to R.Z. Livshits, the principles of law permeate the whole of
legal matter — the ideas, norms, and relations — and endow it with logic,
consistency, and balance (Livshits, 1994), which is signicant from the legal
and technical perspectives. However, it happens only if the mechanism of
implementation of the corresponding principle has been formed. As noted
by representatives of the American socio-legal theory, the principles of law
are developed in the course of legal activity and determine the directions of
legal practice (Adygezalova, 2017). In this respect, the task of developing
such mechanisms of implementation, including information, educational,
organizational, and legal means, is gaining relevance.
The principles express the essence of law (social, value, etc.) directly,
dening and specifying its general concept. It is the principles that should
underlie specic regulatory prescriptions that model the relationships
between the subjects of legal relations: “It is the only way to ensure
consistency and stability, and, most importantly, the genuine legal nature
of regulatory control” (Sidorkin, 2010: 86). At the same time, it should be
noted that there is a wide range of opinions as to the very concept of legal
principles and the necessity for their practical reinforcement.
For example, V.I. Zazycki reasonably suggests that scientic ideas
formulated by scholars and offered as principles of law should be
differentiated from those principles that have already been enshrined in
legislation (Zazycki, 1996). Indeed, from the technical-legal perspective,
before their statutorization, the ideas suggested by scholars and politicians
remain only ideas, though advanced and socially valuable.
According to V.M. Vedyakhin, the principles of law are the basic ideas
expressing the essence, designation, consistent patterns, and development
trends in the Russian law enshrined directly or indirectly in legal
regulatory provisions or existing in the legal consciousness of law enforcers
(Vedyakhin and Surkova, 2005). In other words, the ideas must be directly
or indirectly reected by the legislation, which is a view that we share. As far
as the scholar’s statement that the principles of law are contained in legal
consciousness is concerned, the very presence of the principles of law in
legal consciousness is impossible without receiving the information about
such principles by law enforcers primarily from the legislation.
The principles of law along with other “mechanisms of self-regulation
(self-organization) in the legal system” (following the terminology
suggested by V.V. Sorokin) perform the function of an organization of
“control communications”, the purpose of which is “to eliminate the
internal contradictions on the legal system” (Sorokin, 2004).
It should be noted that the principles of law do not only serve as a
kind of reference points in the course of formation and implementation
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Gyulnaz Eldarovna Adygezalova, Irina Stanislavovna Kich, Sergey Alekseevich Zhinkin,
Susanna Vladimirovna Salikova y Neonila Dmitrievna Paltseva
Role of principles of law from the perspective of legal impact in modern Russia: theoretical and
technical-legal aspects
of legislation but also: “Exercise both direct and indirect inuence on the
social relations that represent the subject of legal regulation” (Vedyakhin
and Vedyakhina, 2002: 569). Sometimes they are called “the dynamic
elements of the legal system” (Skurko, 2008) but this opinion needs to be
substantiated. They should rather be viewed as a stabilizing component
that guides law-making at the federal and regional levels.
In the context of the need for legislative formalization of the principles
of law, the opinion put forth by G.V. Nazarenko, who distinguishes written
and unwritten principles, is of interest. They make up two large groups:
1) principles of actual law; 2) other legal principles, which are sometimes
called “legal maxims”. Through laws, written principles institutionalize the
fundamental legal requirements and represent legal means and incentives.
Unwritten principles (legal maxims), as an element of legal consciousness,
convey the initial legal ideas and inuence the character and the degree
of implementation of legal means (Vedyakhin and Vedyakhina, 2002).
However, in this case, the principles of law are intermingled with legal
maxims, which is unacceptable from the technical-legal perspective.
According to S.Yu. Lavrus, principles of law “are either directly outlined
in positive law and stated in legal regulations or drawn from the general
meaning of legislation and are contained there in a concealed form. The
latter include, for example, the principle of correspondence between positive
law and natural law, the principle of combination of liabilities and rights,
the principle of combination of incentives and restrictions, the principle
of mutual responsibility between a person and state, etc.” (Lavrus, 2005).
In this connection, it should be stressed once more that it is necessary
to differentiate between doctrinal provisions and principles contained
in current legislation, which have been formalized in the texts of current
regulations. It is hardly possible to encounter cases when law enforcement
bodies make an appeal related to “the combination of incentives and
restrictions” or “correspondence to natural law” since these ideas represent
provisions desirable within a legal system and an ideological benchmark
rather than real principles of law.
Ideas of law belong to the area of legal consciousness developed by legal
science. However, before they are included in the effective legal norms,
either directly or indirectly, they remain only ideas, important theoretical
statements that do not have legal signicance. If these ideas are mediated
by the legislator, they enter the sphere of legal norms and merge with the
content of positive law of a certain state as principles of law (Vedyakhin and
Vedyakhina, 2002).
In this connection, it appears that if a principle has not been documented
in legislation at all, neither directly nor indirectly, it serves not as a principle
of law as such but nothing more than a statement of legal science that has a
potential for becoming a principle of law and legal impact. Such principles
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as the principle of equality in the eyes of the law and the principle of
democratism in law-making have both worked their way from an idea to a
principle of effective law.
In a wider sense, the principles of law are interpreted by N.M.
Vagina, who points out that by their nature, “principles of law represent
fundamental ideas enshrined in various formal sources, as well as those that
have not been institutionalized but are widely recognized in consistent legal
practice and legal relations” (Vagina, 2004). However, in our opinion, it is
important to make a clear distinction between scientic ideas, suggestions
connected with legal regulation of different spheres of social life (which
represent conclusions made by legal science) and principles of legislation,
which represent the rst stage of implementation of the principles of law
connected with their regulatory legal formalization.
Principles of law are ideas pervading the content of the law as if dissolved
in it (Reuf, 2004). For ideas to be implemented as principles of law, they
should be formalized and documented in corresponding regulations.
It is regulations that will be implemented as principles of effective law.
The principles of law determine general focus, high quality, and
effectiveness of law-making, law-implementing, interpreting, and law-
systematizing practices in any civilized society (Frolov, 2001), which
is important from the technical-legal perspective. They can represent
generalizations of the content or implementation of law and aspects
of its essence. Therefore, it is essential to institutionalize them at the
federal and regional levels and specify them in detail for their uniform
understanding and usage.
There is also an opinion that principles exist in the form of guiding
ideas of law that are abstracted from the patterns of social development.
In this sense, they are: “Significantly ahead of the time when they are
formalized in legislation and, therefore, represent a worldview category
rather than a regulatory one” (Frolov, 2001: 16). However, as we see
it, principles are called principles of law because they are documented
in legislation and not just in the worldview of certain scholars. Apart
from that, it will always remain unknown how many ideas belonging
to such scholars have not been documented anywhere and were simply
forgotten over time.
It should be noted that the situation in the legal system of modern
Russia unfolds in the following way: the doctrine contains a certain
set of general legal principles of law; another set is enshrined in the
federal legislation; the third — in the regional set of laws; the fourth —
in the acts issued by the Plenum of the Supreme Court of the Russian
Federation. This situation can be considered to be a flaw in the legal
system or a fault in the system of legal impact and can lead to an
interference situation, which is unacceptable from the perspective of
legal engineering.
804
Gyulnaz Eldarovna Adygezalova, Irina Stanislavovna Kich, Sergey Alekseevich Zhinkin,
Susanna Vladimirovna Salikova y Neonila Dmitrievna Paltseva
Role of principles of law from the perspective of legal impact in modern Russia: theoretical and
technical-legal aspects
Thus, an essential condition for implementation of the principles of
law from the perspective of legal engineering is their legal formalization,
transformation into principles of legislation, and institutionalized principles
of legal regulation of corresponding spheres of social life. This is the main
technical-legal condition for implementation of the principles of law.
The principles of law and development of legislation reside in
dialectical unity and mutually stimulate each other (Skurko, 2008).
Similarly, the doctrinal statement of a principle encourages its more or
less full institutionalization within the legislation. On the other hand, the
institutionalization of certain principles in current legislation should at
least serve as a reason for their evaluation and analysis from the scientic
perspective. In any case, a conict between principles of law outlined in
the doctrine and regulatory provisions documented in effective legislation
whose level of generalization suggests that they possess the value of
principles is unacceptable.
Lack of legislative documentation of the principles of law makes it
hardly possible to implement them in practice as a source of law and leads
to discrepancies in their interpretation in the course of application.
Interestingly, in the scientic literature, there is a view according to
which: “It is necessary to gradually get rid of those legislative statements
that contradict the principles of law” (Lavrus, 2005: 8). However, the
following reservations should be made here. First, it refers to generally
recognized principles of law that are enshrined in the legislation. If statutory
regulations contradict a basic doctrinal idea proclaimed by certain authors
as a principle of law, this must not lead to a failure to comply with these
regulations since it would constitute a violation of the principle of legality.
Second, if a certain idea proclaimed as a principle of law contradicts other
principles of law enshrined in legislation, it cannot be recognized as a
principle of law; from the technical-legal perspective, changing legislation
for the sake of such an idea is simply unacceptable.
As we have found, in legal literature principles of law often serve as a
subject of discussion and are viewed primarily as ideas or norms. As it has
been fairly noted by A.S. Sidorkin:
When we think of the principles of law as of ideas, we endow them with a
purely doctrinal nature, which belittles their role in terms of their practical
implementation. Conditioned upon the essence of law, principles initially represent
ideas but further on acquire the features of norms. Normativity provides them
with practical value as a foundation for developing legislation (Sidorkin, 2010: 13).
In this respect, it should be added that being a specic (fundamental,
abstract) legal norm, a principle of law should always be expressed in a
certain external form (constitution, law, court ruling, or a doctrine). In this
case, such principle starts to be implemented as a legislative principle: a
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general legal one, a cross-sectoral or sectoral principle. From the technical-
legal perspective, this is the only way for a principle to be implemented.
As can be seen from the foregoing, there is no agreement among legal
theorists as to the criterion of positivity applied to principles of law.
While some scholars believe that principles of law should be positively
documented in the form of regulations (Mitskevich, 1975; Smirnov, 1977),
others think that such principles express the spirit of the law rather than
its letter. Therefore, they do not have to be directly articulated in laws
and regulations but can result from a set of laws and legislation in general
(Livshits and Nikitinskii, 1974).
In our opinion, if we are talking about the effective Russian law as a
system of norms gathered in regulations and other sources of law rather
than scientic abstract ideas applied to law in general, principles of law
must be documented in a more or less detailed way in the form of legal
provisions of the effective law. Otherwise, they can only be qualied as
an ethical foundation for regulating social life or the basic ideas behind
human community rather than principles of law as such. It is not infrequent
that the legislator institutionalizes a certain regulatory principle not yet
recognized by the doctrine, but it becomes such due to its statutorization. It
is an important technical-legal feature of the modern Russian legislation at
the federal and regional levels.
Moreover, if a principle of law has not been enshrined in legislation,
the following question arises: What is its connection to the actual legal
reality? Isn’t it an ideological cliché detached from reality? In this respect,
we cannot agree with the identication of “super-positive principles of law”
in the scientic literature.
We assume that it is necessary to discuss not only statutorization of
principles of law as ideas but also doctrinal recognition of the legislative
provisions whose level of abstraction suggests that their meaning is equal
to that possessed by principles of law. It should be noted that principles
enshrined in legislation as such will remain those even without doctrinal
recognition.
Understanding principles of law as a manifestation of the spirit of the law
raises the question of making a distinction between the principles of law as
such serving as a regulator and principles of effective law in a certain sphere
of regulated relations. There can be discrepancies and even contradictions
between them (for instance, legislative institutionalization of the usage
of terror against certain persons during revolutions as a principle of legal
impact and state policy is in contradiction with the principles of equality,
humanity, social peace, and balance of social interests). From the technical-
legal perspective, it is impossible to identify the content of the spirit of the
law, which is a subject some authors writing a lot about; there is plenty of
room for scientic imagination here.
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Gyulnaz Eldarovna Adygezalova, Irina Stanislavovna Kich, Sergey Alekseevich Zhinkin,
Susanna Vladimirovna Salikova y Neonila Dmitrievna Paltseva
Role of principles of law from the perspective of legal impact in modern Russia: theoretical and
technical-legal aspects
It should be added that the very design and identication of the principle
of law in science should be primarily oriented at law-making practices at
the federal and regional levels and social functioning needs.
The legal system of the Russian Federation is characterized by a situation
when a whole range of principles of legal regulation, though having not
been recognized by legal science, have been institutionalized in federal
and regional legislation, acts issued by the Constitutional Court of the
Russian Federation and the Plenum of the Supreme Court of the Russian
Federation. For example, it has been noted in specialized literature that
the Constitutional Court of the Russian Federation has repeatedly deduced
principles of law from the Constitution of the Russian Federation that are
not directly institutionalized in it, such as the principle of proportionality,
the principle of legal certainty, and the principle of maintaining citizens’
trust in law and government actions (the principle of respect for legitimate
expectations) (Vedyakhin and Surkova, 2005). As we see, these principles
have not been directly outlined in the legislation. Apart from that, they have
not received support from legal science and have not even become a subject
of scientic discussion.
It should be highlighted that a set of principles of regional legislation
(principles of positive law) have been developed and institutionalized
within regional law-making. Let us try to identify those foundations of legal
regulation of major spheres of social relations that have been enshrined in
legislation but are not recognized as principles of law by legal science.
One of the principles of law specied in specialized literature is
consistency, uniformity of legal regulation at the federal and regional levels.
We assume that consistency acts not only as a principle of law but also as a
principle of its formation and functioning, in other words, as a general legal
principle of law. This is not only a doctrinal view, although the unity of legal
space as a phenomenon and guidepost have already drawn the interest of
Russian scholars (Azizova, 2004; Filippov, 2013).
The thing is that consistency is institutionalized in the current legislation
of a few subjects of the Russian Federation as a principle underlying the
very design of regulations. Let us provide only two examples. Article
4, paragraph 1 of the Law of the Republic of North Ossetia-Alania of 14
November 2014 no. 36-RZ “On laws and regulations of the Republic
of North Ossetia-Alania” says that “laws and regulations effective the
Republic of North Ossetia-Alania form an integral system of laws and
regulations of the Republic of North Ossetia-Alania arranged by their legal
force (legislation of the Republic of North Ossetia-Alania)” (The Law of the
Republic of North Ossetia-Alania № 36-RZ, 2014). The Law of Krasnodar
Krai “On law-making and laws and regulations of Krasnodar Krai” of 6 June
1995 states that “laws and regulations of the region form in their entirety a
unied, integral, and differentiated normative legal system — the legislation
of Krasnodar Krai” (The Law of Krasnodar Krai № 7-KZ, 1995).
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The Law of the Kabardino-Balkarian Republic of 3 August 2002 no.
52-RZ (as amended on 5 June 2018) “On legal acts of the Kabardino-
Balkarian Republic” proclaims consistency as a principle of law-making
(The law of Kabardino-Balkarian Republic № 52-RZ, 2002). Interestingly,
this regulation also mentions such law-making principles as unity and
consistency of the system of law and regulations, timely adoption of laws,
comprehensiveness of legal regulation, and commitment to creating
mechanisms of implementation of legal acts. It appears that the above-
mentioned principles are not only and not so many principles of law-
making as principles of legal regulation of social life, i.e. principles of law
by their nature, which at the same time apply to the requirement of legal
engineering.
The following principle that has been included in the regional legislation
in much detail is the principle of respect for ethnic and cultural identity.
Incidentally, the principle of respect for identity has been enshrined in
international documentation and national legislation for a long time even
though it is not identied as a principle of law in Russian literature. For
example, Article 21 of the Convention on Human Rights and Fundamental
Freedoms of the Commonwealth of Independent States (Ratied by the
Federal Law no. 163-FZ of 4 November 1995) has institutionalized that
“persons belonging to national minorities shall not be denied the right,
either individually or collectively, to express, preserve and develop,
without hindrance, their ethnic, linguistic, cultural or religious identity”
(The Convention on Human Rights and Fundamental Freedoms of the
Commonwealth of Independent States, 1995).
Importantly, this principle has been also manifested in the legislation
of the subjects of the Russian Federation. Given the restricted length of the
article, we will provide only two examples. Article 3 of the Constitution of
the Republic of Ingushetia proclaims “preservation and protection of the
historical and cultural legacy of peoples and their national identity” the
supreme goal of the state (The Constitution of the Republic of Ingushetia,
1994). Article 5 of the Law of the Republic of Kalmykia “On culture” says
that: “The state policy in the sphere of culture in the Republic of Kalmykia is
implemented under several principles, including the central role of culture
in development and personal self-fulllment, humanization of society, and
preservation of national identity” (The Law of the Republic of Kalmykia №
381-lll-3, 2007).
In some cases, in regional legislation, the principle of national identity
is included along with the principle of equality between the peoples
living within the territory of the corresponding subject. For instance, the
Constitution of the Kabardino-Balkarian Republic of 1 September 1997
says that “the Kabardino-Balkarian Republic is based on the principle of
unity of the equal peoples of Kabardino-Balkaria” (The Constitution of the
808
Gyulnaz Eldarovna Adygezalova, Irina Stanislavovna Kich, Sergey Alekseevich Zhinkin,
Susanna Vladimirovna Salikova y Neonila Dmitrievna Paltseva
Role of principles of law from the perspective of legal impact in modern Russia: theoretical and
technical-legal aspects
Kabardino-Balkarian Republic № 28-RZ, 1997). Similar prescriptions can
be found in the acts of other subjects of the Russian Federation.
A constituent part of the implementation of this principle is
statutorization of the legal protection of national languages as an integral
element of national culture.
From this perspective, suggestions of some authors are of interest. They
believe that it is necessary to develop so-called ethno-cultural education
(Zagirov, 2017) focused on the preservation of ethno-cultural identity of
people by introducing them to the native culture, national language, and
traditions of the corresponding ethnic group together with their exposure
to the most signicant values of world culture.
Conclusion
Let us draw conclusions from our research. Today, from the technical-
legal perspective, a principle of law that is not scientically recognized does
not disappear from the legal framework if it is institutionalized as such in the
effective legislation. On the contrary, essentially new principles enshrined
in regional legislation (such as the uniform character (consistency) of
regulation at the federal and regional levels, preservation of ethnic and
cultural identity, etc.) should not be ignored by legal science; instead,
they should become a subject of doctrinal analysis and justied scientic
evaluation.
From the technical-legal perspective, for their effective implementation,
it is necessary to ensure the most comprehensive, accurate, and unambiguous
institutionalization of fundamental ideas connected with legal regulation
in normative and legal prescriptions, which should be formulated clearly
and precisely and, whenever necessary, provide their detailed normative
characteristics.
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Esta revista fue editada en formato digital y publicada
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