LEGAL POLICY IN THE ECONOMY AND THE SPECIFICS OF RUSSIAN ETHNIC CULTURE

Olga KURILKINA, Aleksey OVCHINNIKOV, Irina SAMOYLOVA, Irina STETSENKO, Svyatoslav FEDORENKO


Olga Kurilkina, Ph.D. (Law), Associate Professor, Department of Economics and Law, the Chekhov Taganrog Institute, Branch of Rostov State Economic University (Taganrog, Russian Federation)

Aleksey Ovchinnikov, D.Sc. (Law), Professor, South Russia Institute of Management, the Branch of the Russian Academy of National Economy and Civil Service under the President of the Russian Federation (Rostov-on-Don, Russian Federation)

Irina Samoylova, Ph.D. (Philos.), Associate Professor, Department of Economics and Law, the Chekhov Taganrog Institute, Branch of Rostov State Economic University (Taganrog, Russian Federation)

Irina Stetsenko, D.Sc. (Pedagogy), Associate Professor, Department of Economics and Law, the Chekhov Taganrog Institute, Branch of Rostov State Economic University (Taganrog, Russian Federation)

Svyatoslav Fedorenko, Ph.D. (Law), Associate Professor, Department of Economics and Law, the Chekhov Taganrog Institute, Branch of Rostov State Economic University (Taganrog, Russian Federation)


ABSTRACT

This article deals with the traditions, archetypes, and specifics of Russian ethnic culture responsible for the priorities, values, and trends of legal policy in the economy and business activity. Convinced that state-building should take into account the traditional values of a non-liberal state, the authors turned to methods of philosophical-legal analysis of legal reality, the philosophy of religion and contemporary criminology, and the latest achievements of psychology, legal axiology, and anthropology in their research. Throughout their history, Russians have demonstrated that they can be successful in economic policy and the business sphere; this means that the Russian state should develop in line with the values of Russian ethnic culture and rely on its potential and traditions. The history of Russia, and the history of law in Russia as its part, is closely related to Orthodox culture (the Soviet period, a product of folk ideas about the common social ideals and values, was no exception). This means that Russians belong to a very specific political and legal tradition and legal culture. We regret to point out that contemporary legal science does not take the above into account; instead, it consistently destroys the archetypes and values of Russias legal culture, which should be safeguarded amid the rising threat of all-out commercialization of the law and deliberate creation of a global society of consumerism and rational egoism. The latest methodological achievements of branch legal sciences confirm that the theoretical conclusions of outstanding figures of the historical school of jurisprudence (Savigny, Hugo, Puchta, and Montesquieus On the Spirit of the Laws) were absolutely correct and that each lawyer should bear in mind that law making and law enforcement must correlate with the mentality, spirit, and traditions of the nation. There are no universal values common to the whole of mankind, however the destruction of religious traditions undermines legal consciousness and the moral basis of law in essentially every society, even though the understanding of law is limited to the civilizational and cultural framework of language and mentality.

Keywords: priorities of legal policies, liberal values, legal and moral values, national economy.


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