Open AccessFrom Extraordinary Law to “Revolutionary Legality”: Formation of the Concept of Revolutionary Law in the Soviet Legal Doctrine
Author(s) -
Vladimir V. Nikulin
Publication year - 2020
Publication title -
pravo: istoriâ i sovremennostʹ
Language(s) - English
Resource type - Journals
ISSN - 2588-0012
DOI - 10.17277/pravo.2020.04.pp.007-016
Subject(s) - principle of legality , law , doctrine , ideology , political science , legal doctrine , state (computer science) , politics , law and economics , sociology , mathematics , algorithm
The main provisions of the concept of “revolutionary legality” in the Soviet legal doctrine are analyzed; theoretical and practical aspects of its formation, factors that influenced its content are considered. It is argued that the defining function of the concept of “revolutionary legality” is the function of achieving the political goals of the state by legal means. It is concluded that the concept of “revolutionary legality” was a special system of law, adapted to the ideological tasks of socialist construction. It embodied the gap between formal law and the actual functioning of Soviet legal institutions, which constantly existed in the Soviet legal system. It is concluded that the concept of “revolutionary legality” was not a complete condemnatory legal construction, but a modification of the previously existing one-sided orientation of law to a political doctrine, which made it possible to interpret “revolutionary legality” in a variety of ways in practical legal activity, giving and strengthening certain aspects necessary for solving ideological and practical problems.