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A RULE OF LAW STATE: THE RELEVANCE OF CONTEMPORARY LEGAL AND CONSTITUTIONAL RESEARCH



A.B. Novikov
V.K. Dmitriev
docanovikov@mail.ru
vl-dmitriev@mail.ru
Head of Financial Law Department, “Saint-Petersburg State University of Economics”, Doctor of Law, an Associate Professor
a teaching assistant of Financial Law Department, “Saint-Petersburg State University of Economics”
St. Petersburg
St. Petersburg

Keywords:

  • rule of law state
  • constitutional values
  • legal objectivity
  • legal issue
  • rule of law state attributes
  • rights and legal interests
  • globalization
  • public policy deformation
  • The relevance of constitutional and legal research of a rule of state phenomenon deals with the need for working out a science based set of modern political and legal measures aimed at implementation of a rule of state idea being considered a constitutional importance.
    The authors promote an attributive approach to description of a rule of law state as a legal objectivity. They distinguish a system of instruments and measures aimed at enabling the society to come to understanding that a certain level of formation of a rule of law state has been reached. Based on a historical and legal method along with comparative and legal technique of research a division into periods with regard to a rule of law state image has been introduced. The authors provide their own definition of a rule of law state and reveal a scope of essential features of a rule of law state in the context of globalization and integration.
    The article provides a current assessment of a rule of law state attributes in light of real political processes. They estimate the influence of important political processes along with “European and American constitutional values” on the formation of a rule of law state in the Russian Federation with new ideas and characteristics of a rule of law state being formulated.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5