Петручак Л.А. Правовой нигилизм в современной России

Аннотация: The article is devoted legal nihilism as one of vital issues. Presently, this phenomenon is prevailing in Russia and is referred to in a number of the most significant state reports as a factor jeopardizing national security and hampering democratic reforms in Russia. The article analyses the concept of legal nihilism, its essence and contents, expression forms and levels, social hazard. The paper sets forth various viewpoints taken by theoreticians in law, highlights its complexity and manysided nature. Among domestic researchers there is not a common approach to understanding of the legal nihilism phenomena. Some (N.I. Matuzov, V.A. Tumanov) refer to legal nihilism all factors characteristic of negative approach to law including factors related to crime and other violations of law. Others (P.P. Baranov, V.V. Russkikh) reckon in only those cases of conscious disregard of law requirements accompanied with a lack of illegal intents. As a result of the study, the author comes to a conclusion that legal nihilism is a negative perception to current law system, legislation, and law practice. This phenomenon is expressed in many various ways: from doctrinal, theoretic postulates to actual illegal actions. A feature characteristic of the phenomenon in question is an extent. That is, intensity, flatness and ultimate nature of this phenomena. By expressing qualitative, rather than quantitative, characteristics, the mentioned feature is objectively displayed via expression form of legal nihilism, thus enabling to judge about deformation limits of juridical conscience. Unfortunately, legal nihilism has acquired wide-spread nature, being present not only among population but among officials in governmental structures. Nowadays, nihilism, particularly in form of corruption, is a destructive phenomenon which harms both citizens and the state as a whole. The time urgently requires a deeper reasoning of causes of legal nihilism, the essence of this wide-spread phenomenon, development of nihilism control means and methods. One of the goals of our study was both to analyze theoretic perceptions of legal nihilism and highlight the significance of on-going studies of this phenomenon, and attract a wider attention of scientists. One is to intensify efforts aimed at development of ways to control and, not least, to prevent legal nihilism. This is a complex and many-sided problem and the increase of legal consciousness of the population, law culture level and hence construction of a rule-of-law state will depend on a positive and timely solution of the problem.

Abstract: The article is devoted legal nihilism as one of vital issues. Presently, this phenomenon is prevailing in Russia and is referred to in a number of the most significant state reports as a factor jeopardizing national security and hampering democratic reforms in Russia. The article analyses the concept of legal nihilism, its essence and contents, expression forms and levels, social hazard. The paper sets forth various viewpoints taken by theoreticians in law, highlights its complexity and manysided nature. Among domestic researchers there is not a common approach to understanding of the legal nihilism phenomena. Some (N.I. Matuzov, V.A. Tumanov) refer to legal nihilism all factors characteristic of negative approach to law including factors related to crime and other violations of law. Others (P.P. Baranov, V.V. Russkikh) reckon in only those cases of conscious disregard of law requirements accompanied with a lack of illegal intents. As a result of the study, the author comes to a conclusion that legal nihilism is a negative perception to current law system, legislation, and law practice. This phenomenon is expressed in many various ways: from doctrinal, theoretic postulates to actual illegal actions. A feature characteristic of the phenomenon in question is an extent. That is, intensity, flatness and ultimate nature of this phenomena. By expressing qualitative, rather than quantitative, characteristics, the mentioned feature is objectively displayed via expression form of legal nihilism, thus enabling to judge about deformation limits of juridical conscience. Unfortunately, legal nihilism has acquired wide-spread nature, being present not only among population but among officials in governmental structures. Nowadays, nihilism, particularly in form of corruption, is a destructive phenomenon which harms both citizens and the state as a whole. The time urgently requires a deeper reasoning of causes of legal nihilism, the essence of this wide-spread phenomenon, development of nihilism control means and methods. One of the goals of our study was both to analyze theoretic perceptions of legal nihilism and highlight the significance of on-going studies of this phenomenon, and attract a wider attention of scientists. One is to intensify efforts aimed at development of ways to control and, not least, to prevent legal nihilism. This is a complex and many-sided problem and the increase of legal consciousness of the population, law culture level and hence construction of a rule-of-law state will depend on a positive and timely solution of the problem.