Issue 4 (18) 2012

Deryabina The Home State Features and the Transition-Type Right as Interpreted in the Theory of Systems

The Home State Features and the Transition-Type Right as Interpreted in the Theory of Systems

Ye.S. Deryabina

National economy & public service Academy, Perm branch

10, Bulvar Gagarina street, Perm, 614990

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The article deals with proper using such terms as "system", "nonsystem", "intersystem" as regards the state legal institutions in conditions of transition from one social system to another. The application of the system theory in studying the state and law for a transitional period is conditioned by the complicated processes taking place in state legal superstructure in the time of changing social systems. In the conditions of intersystem historical situation there is a coexistence, interlacing, fight of elements belonging to two social systems, and one of them is destroyed but not fully, and the other is formed, but it does not have integrity. Such variety of competitive elements being the system (for itself) and at the same time nonsystem (for others) is manifested in functioning the state and law. Examining a system as identity with itself and simultaneously as its own negation, the authors of the system theory distinguish its two important properties: they are the system and nonsystem.

Taking into consideration these categories it is possible to comprehend the peculiarities of coexistence of mutually exclusive state institutions (e.g. the institutions of Presidency and the Supreme Soviet in the USSR in the late eighties and in the early nineties of the XXth century) as well as the reasons of disparity between the republican legislation and the all-union one. Such category as "intersystem" allows to realize how the competitive institutions of the state legal superstructure exclude each other and at the same time coexist.

The article enumerates the distinctive features of two intersystem situations in the history of Russia (the years of 1917–1918; the late eighties and the early nineties of the XXth century). Some general characteristics of functioning the state and law in the indicated periods of home history are given. These general and specific characteristics of two intersystem situations in the history of Russia are not exhaustive.

It is necessary to give a typology criterion within the system theory and it allows to single out the model characteristics of state and law for a transitional (intersystem) period.

Keywords: the intermodel state; intersystem historical situation; system; nonsystem; intersystem; diarchy; legitimacy; deligitimacy; fragmentation of state power; minimization of state violence; collision character of legal rules

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