Gennady Muromtsev

Does Russia Need Corpus Juris?

2011. No. 1. P. 3–23 [issue contents]

Muromtsev Gennadiy - Professor, Peoples' Friendship University of Russia, Doctor of Juridical Sciences. E-mail: kafedra-teoria@yandex.ru
Address:  Miklukho-Maklaya St., 6, 117198, Moscow, Russian federation

The aim of the article is to decide to what extent the modern Russia needs corpus juris. It examines the differences in interpreting corpus juris by legal scholars studies the reasons for a late codification of the legislation in the Russian Empire compared to the Western countries and develops proposals. The article contains the evaluation of corpa juris adopted in Western countries (Spain, Italy, Sweden, Denmark) in 13 – 18th centuries. It analyzes the attempts to codify the legislation in the Russian Empire, the USSR and the modern Russia. The failures of these attempts for a 300 year period are traced and revealed. Soft spots of the Russian Empire corpus juiris drafted by M. Speranskiy are discussed. As a conclusion, the author points to the following political and legal as well as psychological features. Originally, until the beginning of the 19th century corpus juris was hindered by the main obstacle - a weakness of Russian legal tradition, lack of settled to some extent understanding of the purpose and functions of the corpus. Later in the20th century, the factors were affected by deep social turbulences having strengthened by politization of law and later its ideologisation in the totalitarian one-party state. The directional guidelines of the party dominated the law for a long time and party and state dominated the law. Due to these factors, the level of legal thought and tools started decreasing and hence each of projects of codification developed in the 20th and 21st centuries has seriously lagged behind from the needs of the country and as a result was declined. Now, in the 21st century little has changed. The country still lacks a clear consistent conception of legislation, which does not provide for any necessary theoretical basis for creating corpus juris. The author adds that in the epoch of information society, the need in a cumbersome and expensive corpus juri has significantly reduced. Society and state need a system of notification on the acting legislation branch classificators, indexes and time indexes.

Citation: Muromtsev Illarionovich Gennady (2011) Nuzhen li Rossii Svod zakonov? [Does Russia Need Corpus Juris?] Pravo. Zhurnal Vysshei shkoly ekonomiki, 1, pp. 3-23 (in Russian)
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