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Professional Education in the Modern World

2019 year, number 4

LEGAL RECEPTION AND LEGAL DONATION IN THE CONSTITUTIONALISM OF STATES IN THE CONTEXT OF GLOBALIZATION: SOCIO-PHILOSOPHICAL AND EDUCATIONAL ASPECTS

М. N. Kokina
Altai State Medical University of the Ministry of Health of Russia, Barnaul, Russian Federation
Keywords: российское право, российский конституционализм, правовое рецепторство и донорство, правовая рецепция, правовой донор и правовой реципиент, правовое образование в условиях глобализации, Russian law, Russian constitutionalism, legal reception and donation, legal reception, legal donor and legal recipient, legal education in the context of globalization

Abstract

Introduction. The socio-philosophical and philosophical-legal analysis of the processes of law components exchange (legal norms, articles, principles, parts of legislation, legal ideology, etc.) between legal systems (legal spheres) of different countries has shown that this exchange takes place both in history and modernity. Its comprehension first of all began in Western law, starting from the Middle Ages. The assimilation of law components by some countries from other countries is called the legal reception. Historically, from the Middle Ages to the present day, the reception of Roman law componets by European states has been the first and most widespread. But in the XX and especially at the beginning of the XXI centuries (in the era of globalization), the reception of the components of law in the system of interactions of simultaneously existing states, as well as the interactions of countries and the international legal environment, developed significantly. In this case, it became necessary to study the legal mechanisms and patterns of legal interchange of the law components on an international interaction scale, in the era of globalization. The purposes of the article are: to consider some patterns of interactions between legal systems of different countries and other legal entities, in the context of globalization (including legal receptions) from the standpoint of social philosophy; to identify the necessary categorical apparatus, to show the significance of introducing the results into professional legal (law) education. Methodology and research methods: dialectical and system-philosophical approaches, methods of legal comparative studies, induction and deduction, analysis and synthesis, integration of the results. Results. There have been investigated the interstate processes of legal systems components interchange which lead to carrying out the reception of law by some countries and donation of legal components from other countries and legal entities. This type of diverse supranational legal relations is designated and investigated in the article as the dialectic of the processes of legal receptivity and legal donation. Legal entities, participants in these processes, are designated as legal recipients and legal donors. The historically formed stages of legal receptivity are defined: in time parameters from the past to the present; in the time parameters of the present. Different types of classifications of legal receptions have been grouped (ten such types have been identified). The process of legal donation from leading countries and from international law has also been investigated; its main forms are defined as friendly, aggressive-aggressive, manipulative and competitive legal donation. It is shown that countries - non-independent legal recipients - are in the most dependent position. The specifics of legal reception - donation processes in modern Russian constitutionalism and in Russian law as a whole have been identified. Conclusion. The relevance of including the main laws of legal receptivity and legal donation as separate topics in professional legal education in the era of globalization is substantiated.