572
Marina V. Baranova, Olga B. Kuptsova, Sergey N. Belyasov y Arturas S. Valentonis
Culture of legal techniques: key dominants in the modern Russian legal system
Jurisprudence continues to develop intensively and opens up new
meanings of established phenomena, which actualizes the rethinking of
the conceptual apparatus. Thus, approaches to the denition of the concept
of culture as a whole today dier in variability and discussion. Therewith,
the axiological approach is dominant, focusing on the signicant, positive
results of people’s activities, on the good produced. As G.P. Vyzhletsov
rightly noted, who justied the concept of the axiology of culture, the value
doctrine of culture, unlike many other theoretical approaches to it, allows
seeing culture from the inside (Vyzhletsov, 1996, p. 3). From the point of
view of this concept, legal culture in a general abstract understanding is a
set of legal values developed by humanity, reecting the progressive legal
development of society.
The essential basis of legal culture is manifested in the process
of inuencing the formation and modernization of signicant social
institutions. Having a systematic character, the legal culture absorbs and
arranges legal values, xes the level of development of legal technology,
the instrumental value of law within a specic period. The legal culture in
Russia has a pronounced feature – it has been historically developed based
on the basic value guideline of “truth”/”justice”/”conscience”, and the
echoes of the key components of this approach, to one extent or another,
manifest themselves in the modern legal culture of the country, and the
national legal system as a whole. Initially, these components served to
evaluate behavior, choose a model of behavior, and the form of exercising
the functions of law.
Understanding of the law, the requirements of state-power dictates and
the idea of “truth”/”justice”/”consciences” have been conicting for a long
time, causing conict situations. The law has always remained the universal
guarantor of order in society. The concept of “truth”/”justice”/”conscience”,
as a basic measure in legal (power) and other social (powerless) issues,
still exists organically in the national legal system. It is resistant to
destabilization, can modernize following the realities. The specicity of the
understanding of legal culture is manifested in modern legal institutions,
determines the interaction of the state and society, the ratio of power
and powerless principles in legal technology, the elevation of a particular
phenomenon, object to the rank of value.
The range of values underlying the system of assessment of legal
phenomena and processes also extends its inuence on non-legal regulators
(powerless), since they are more or less conditioned by law (power), are
interconnected with it, are mediated by it, and mediate it. Currently, social
non-legal regulators attract the attention of legal scholars, since their
importance for a wide range of relations is visible. For example, Professor
Yu.A. Tikhomirov, referring to the issue of the admissibility of a prospective
merger of legal and non-legal regulators, proposed his vision of the social