GENERAL THEORETICAL ASPECTS OF INTERPRETATION OF THE RECEPTION OF LAW

Abstract

The article highlights the essential characteristics of the interpretation of the reception of law in a general theoretical aspect, taking into account the research of legal science. Attention is focused on doctrinal approaches to the interpretation of the concept of "reception" as a general legal phenomenon. It is emphasized that the reception of law is a fundamental value that lies in the legal practice of the development of democratic states regarding the introduction of international standards and serves as an essential indicator of the development of civil society. The specificity of receptions is determined, which can be considered from two positions: from the point of view of recognizing law as a social regulator and from the point of view of legal values. The essential features and generic properties of the reception of law are highlighted: 1) a complex process that is not reduced to the mechanical transfer of certain normative provisions, but also includes the further assimilation and use of ideas, principles, institutions, etc. of the legal system of other times and other peoples; 2) voluntary borrowing, not forced; 3) deliberate borrowing; 4) unilateral borrowing; 5) borrowing that takes place at the initiative of the recipient subject; 6) borrowing, which is possible within the framework of the interaction of more or less homogeneous legal systems. The mechanism of law reception is indicated, which is expressed by means of its structure, under which it understands the interrelationship of elements that ensure the process of borrowing and implementation of foreign cultural legal values, where the elements of such a structure are: subjects of law reception; objects of reception of law; the ideological environment that forces such a reception; processes of forming the receptivity of the legal environment for the full perception of a foreign cultural legal element. It is summarized that the reception of law is a complex, versatile and multifaceted (depending on the branches, institutions of law) system-structural process, the mechanism of which requires a balanced approach and coordinated interaction of the relevant subjects of legal relations, which consists of a set of certain actions aimed at achieving the proper results, which involve the borrowing (selection, implementation, perception, adaptation, assimilation, etc.) of legal sources determined by socio-political, national-cultural, socio-economic, environmental and other factors.