A.V. Mal'ko, Ya.V. Gayvoronskaya

Doctrinal Acts as the Main Instrument of Legal Policy

2018. No. 1. P. 4–25 [issue contents]
Legal policy is considered in the article as an instrument for ensuring systematic andeffective development of the legal system in the information society. To build up thelegal policy of modern Russia one must, firstly, define its priorities, and, secondly, ensurethe legal policy with the relevant means. With regard to the problem of the content ofmodern legal policy, the authors propose their methodology of the research: throughthe identification of priorities of legal policy and dividing the latter into meaningful and instrumental ones. We prove the thesis that instrumental priorities, in particular,the formation of special tools of legal policy activities, are nowadays of paramountimportance for the formation and implementation of effective legal policy of the stateas a whole. With regard to the problem of legal policy, the authors justify the need fordistinguishing a special group of legal acts — doctrinal legal instruments designed toensure the formation and development of the legal policy as a form of state activity.Doctrinal acts can reflect scientific, strategic and targeted character of legal policy, butat the same time they require formal inclusion into the system of legal acts of the stateand giving them legal force and legal significance. In recent years, political (political andprogram) acts are actively used in the Russian legal system; however, they have neithera clear understanding in legal theory nor a clear legal regulation. Researchers often donot recognize their legal nature, considering them as political instruments. The moderntheory of legal acts must be based on a “broad” approach to legal acts’ understanding,which involves the recognition of acts in various forms (not only written ones) as legalacts and by various actors (including individuals). Following this approach, the doctrinaldocuments become part of the system of legal acts. All elements of the system of legalacts must have certain legal and technical characteristics and fulfill specific functions inlegal regulation. The authors of the article offer their own concept and characteristics oflegal acts in order to explore the specific doctrinal acts on this basis. The paper considersthe problems of legal regulation of doctrinal legal acts, examines the features of legalnature of these groups of acts, and their relationship with other legal acts.
Citation: Mal'ko A., Gayvoronskaya Y. (2018) Doktrinal'nye akty kak osnovnoy instrument pravovoy politiki [Doctrinal Acts as the Main Instrument of Legal Policy]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 4-25 (in Russian)
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