Бондарь Н.С. Судебный конституционализм: постановка проблемы в контексте роли Конституционного Суда в утверждении «живого» российского конституционализма

Аннотация: A modern epoch produces the requirements to the process of cooperation of the in a civilized manner-legal systems. So scale influencing of legal ideas of the West and the East will fail, if before existing social and legal structures will not be taken into account. It is impossible to take the modern process of acculturation only to mechanical co-operation. The modern legal world stands on the threshold of new alternative, the search of decision of legal problems goes within the framework of this process. For example, collision of society and religious right, docking of cultures of east and western civilizations. The process of acculturation is determined ethnic, political, cultural and by other originality, combination of different receptions and methods of affecting legal systems of incoming in a contact groups. Therefore there are different ways, characteristic features of legal acculturation for every sociuma In this work on the example of Russia the features of legal acculturation, its forms, methods and results, are probed. Russia belongs to the digit of countries, in a civilized manner-legal system, which once or twice changed as a result of legal acculturation. It was not elemental copying of stranger standards of life, including legal, and their conscious and systematic borrowing. True, borrowing of stranger legal experience was almost always going after, therefore some lawyers name Russian civilization civilization of “going after development.” Thus, legal acculturation for Russia came forward as one of basic mechanisms of modernization sociokultur, including legal, systems. During millenniums a country once or twice spoke to borrowing of stranger legal tradition. Thus legal аккультурация was carried out on initiative of public power and carried out in different forms, by different ways and methods. Therefore we suggest to distinguish the followings stages of legal acculturation in Russia: traditionally-religious, mongolo-tatar dominion, Russian centralized state, empire, totalitarian (soviet), democratic (modern). In durance vile an author marks works, that legal acculturation it is the concretely-historical phenomenon which it is impossible to probe without historical and cultural descriptions of concrete of incoming in a contact groups. Ignoring of cultural originality of one or another people, including features of their legal systems and cultures hampers the process of legal acculturation. Today domestic ethnologists, anthropologists, philosophy, produced enormous material which allows to probe legal acculturation in the civilization measuring. It is therefore necessary to continue to probe the problem of cultural co-operation in the conditions of global integration.

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Abstract: A modern epoch produces the requirements to the process of cooperation of the in a civilized manner-legal systems. So scale influencing of legal ideas of the West and the East will fail, if before existing social and legal structures will not be taken into account. It is impossible to take the modern process of acculturation only to mechanical co-operation. The modern legal world stands on the threshold of new alternative, the search of decision of legal problems goes within the framework of this process. For example, collision of society and religious right, docking of cultures of east and western civilizations. The process of acculturation is determined ethnic, political, cultural and by other originality, combination of different receptions and methods of affecting legal systems of incoming in a contact groups. Therefore there are different ways, characteristic features of legal acculturation for every sociuma In this work on the example of Russia the features of legal acculturation, its forms, methods and results, are probed. Russia belongs to the digit of countries, in a civilized manner-legal system, which once or twice changed as a result of legal acculturation. It was not elemental copying of stranger standards of life, including legal, and their conscious and systematic borrowing. True, borrowing of stranger legal experience was almost always going after, therefore some lawyers name Russian civilization civilization of “going after development.” Thus, legal acculturation for Russia came forward as one of basic mechanisms of modernization sociokultur, including legal, systems. During millenniums a country once or twice spoke to borrowing of stranger legal tradition. Thus legal аккультурация was carried out on initiative of public power and carried out in different forms, by different ways and methods. Therefore we suggest to distinguish the followings stages of legal acculturation in Russia: traditionally-religious, mongolo-tatar dominion, Russian centralized state, empire, totalitarian (soviet), democratic (modern). In durance vile an author marks works, that legal acculturation it is the concretely-historical phenomenon which it is impossible to probe without historical and cultural descriptions of concrete of incoming in a contact groups. Ignoring of cultural originality of one or another people, including features of their legal systems and cultures hampers the process of legal acculturation. Today domestic ethnologists, anthropologists, philosophy, produced enormous material which allows to probe legal acculturation in the civilization measuring. It is therefore necessary to continue to probe the problem of cultural co-operation in the conditions of global integration.

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