Concept, Characteristics and Structure of the Legal Space

Abstract

The article deals with theoretical issues concerning the essence, content and key characteristics of the concept of "legal space", which are on the current scientific agenda in the context of modern tasks of ensuring constitutional legality, the development of Russian legislation, strengthening territorial integrity, sovereignty, national security of the Russian state. The relevance of the topic is also due to the lack of legislative consolidation of the definition of the concept of "legal space". The term "legal space" has been quite actively used in the language of regulatory legal acts for more than 20 years, including designating one of the key areas of public administration activities of justice bodies. All this makes it necessary to conduct scientific research in this area. The purpose of the study is to reveal the concept of "legal space", its features and structure, formulate and propose a possible definition of this term based on the analysis of various scientific approaches, normative legal acts. The goals and objectives of the research determined its methodological basis, which was made up of general scientific, private scientific and private legal research methods: dialectical approach, systematic, logical methods, formal legal, comparative legal and other methods of scientific cognition. The authors believe that the legal space is an independent and universal legal category that reflects the state of consistency, correlation and subordination of legal norms stipulated by the Constitution of the Russian Federation, based on their legal force and taking into account the federal structure of the Russian state operating within its territory, ensuring the strengthening of constitutional legality, sovereignty and integrity of the state, the rule of rights and the freedoms of man and citizen, the order and quality of legal regulation at various levels. Revealing the structure, its elements are highlighted as a normative element formed by a system of legal norms expressed in their sources; a subjective element represented by participants acting within the legal space; an ideological element including key constitutional principles of the legal space ((the principle of the supremacy of the Constitution and federal laws, recognition of a person, his rights and freedoms as the highest value, federalism, sovereignty and territorial integrity of the state, etc.).