To problems of the general theory of state and law on the basis of the critical analysis of legal literature

Defining the relevance of the considered subject, the author emphasizes that it is in many respects caused by that circumstance that, being a basic science, the general theory of state and law takes a leading place in the system of jurisprudence. With regard to the modern Russian state and law theorists, it is necessary to recognize that the vast majority, though, unfortunately, not everyone recognizes the fundamental, leading and methodological value of the general theory of state and law. This is very well viewed through the prism of their reasoning on this important and basic problem. Defining the theory of state and law as a common legal science, scientists emphasize that its findings are starting and basic for other legal sciences. However, while agreeing with those scientists who recognize the high status of the general theory of state and law, it should be emphasized that the level of this, undoubtedly, the major science must be high. And this, in its turn, is determined by the content of legal and educational literature. Unfortunately, the quality of educational literature on the theory of state and law leaves much to be desired. In the present article the author considers various problems of this fundamental, methodological science on the basis of the critical analysis of the textbook on the theory of state and law written by M. N. Marchenko and E. M. Deryabina. In particular, this concerns the concept of object and subject of the theory of state and law, a civilized approach to the typology of the state, the content of acts of law enforcement, etc. While agreeing, inter alia, with the fact that one of the elements of the form of state is not a political regime, as it is believed by most scholars, but a state regime, the author notes a number of provisions that raise objections or require refinements. For example, it is emphasized that only the subject of the theory of state and law determines the specificity and autonomy of the given legal science. It is argued that the theories of the origin of state and law must be considered separately. Attention is drawn to the fact that it is unacceptable to equate the characteristics and principles of a legal state. The article presents the classification of subjects of legal relations, which, having a number of common features, are represented not only by individuals and legal entities but by social communities, organizations (both governmental and non-governmental ones). The article specifies a civilized approach to the typology of state and law, defines its essence, representatives and various classifications. It is summarized in conclusion that among the objective and subjective factors contributing to a high level of legal education, the importance of the theory of state and law literature, which does not always meet proper requirements, cannot be underestimated. factors causing the high level of legal education, the important place is taken by quality of educational literature according to the theory of the state and the right which not always conforms to due requirements.

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