THE IDEA OF JUSTICE IN THE LEGAL POLICY OF THE SOVIET PERIOD: A RETROSPECTIVE ASPECT

  • I.R. Ashrafzyanov
    • Kazan (Volga Region) Federal University
Keywords: justice, Marxism, legal policy, soviet theoretical and legal science, crime, marginality

Abstract

Modern domestic theoretical and legal studies of the problem of justice, as well as foreign socio-philosophical studies are often limited to the liberal paradigm, the crisis of which is more and more obvious today. Therefore, it seems logical to rethink the Soviet legal policy as an integral phenomenon and the Marxist theory underlying it. In the process of research, the author used the general dialectical method, psychological, sociological general scientific methods, general logical methods (analysis, synthesis, generalization, comparison), formal legal and comparative legal methods. The author considers not only the socio-economic aspect of justice in Marxism, but also the aspect associated with human development. The question of how these aspects influenced the Soviet legal policy (politics of law) and its effectiveness, including in comparison with the post-Soviet legal policy, is analyzed. The author comes to the conclusion that the anti-exploitative orientation of Marxism had a generally positive impact on the Soviet legal policy, ensuring the implementation of the socio-economic rights of Soviet citizens and having a beneficial effect on preventing crime and minimizing the marginalization of the population. But the aspect related to human development was not sufficiently elaborated in Marxism, which made it difficult for the USSR to pursue a legal policy in this area. This, in turn, reduced the effectiveness of the fight against the processes of marginalization and crime.

References

Received 2023-02-28
Published 2023-05-26
Section
Jurisprudence
Pages
481-485