Codification of Law: Selected Problematic Issuesc

Introduction. The systematisation of law as a process of its arrangementis a continuous activity carried out by various actors and for different purposes. Legal science and practice distinguish four types of systematisation of law. Among them the main one is that of the codification of law that allows characterising the Russian legal system as Romano-Germanic despite the existence of other positions on this issue. In theoreticallegal and branch legal sciences this legal phenomenon is not poorly researched. At the same time, the issues concerning such aspects as: concept, subject, essence and result, which are analysed in this article, remain debatable.In addition, on the basis of consideration of the code as a type of one of the lawforms, its concept and features are revealed. These legal processes and phenomena are also studied in connection with the development of legal relations and their legal regulators in the context of digital transformation in the modern period. The authors of the article analyse the approaches to the stated problem, developed in domestic legal thought in different historical periods. Methods. To obtain a scientific result, the authors use general philosophical dialecticalmaterialistic cognition method, general scientific (historical, logical, systemic, functional), as well as specific scientific (historical-legal, formal-legal (dogmatic), structural-functional) methods. Results. The authors came to the following conclusions: the concept of “codification of law” is theoretically justified; the subject of codification of law is the principles and norms of law; the code as a type of one of the law forms at the present stage is both a federal law and a codified type of legal act, which has a system-forming character, establishing general and special principles and norms of law; its place in the system of legal acts and other types of law forms should be determined uniformly for all branches of Russian law; the use of digital resources will make the process of codification of law more open, democratic, it will increase the quality and clearness of legal regulators, and will have a positive impact on the process of implementation of law, while digital transformations will not change the form of law as a way of fixing and external expression of principles and norms of law, possible changes will occur in the “exterior” of the code, namely the way legal information is transmitted.

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Publication Details

Journal
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
Published
2025-03-28
DOI
https://doi.org/10.35750/2071-8284-2025-1-17-27
Citations
1
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
8.52
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article

Codification of Law: Selected Problematic Issuesc

Tatyana Vlasova, Tatiana Lesovaya
1 citations
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
European and International Law Studies
8.52
article

Codification of Law: Selected Problematic Issuesc

Tatyana Vlasova, Tatiana Lesovaya
article en
1 citations

Abstract

Introduction. The systematisation of law as a process of its arrangementis a continuous activity carried out by various actors and for different purposes. Legal science and practice distinguish four types of systematisation of law. Among them the main one is that of the codification of law that allows characterising the Russian legal system as Romano-Germanic despite the existence of other positions on this issue. In theoreticallegal and branch legal sciences this legal phenomenon is not poorly researched. At the same time, the issues concerning such aspects as: concept, subject, essence and result, which are analysed in this article, remain debatable.In addition, on the basis of consideration of the code as a type of one of the lawforms, its concept and features are revealed. These legal processes and phenomena are also studied in connection with the development of legal relations and their legal regulators in the context of digital transformation in the modern period. The authors of the article analyse the approaches to the stated problem, developed in domestic legal thought in different historical periods. Methods. To obtain a scientific result, the authors use general philosophical dialecticalmaterialistic cognition method, general scientific (historical, logical, systemic, functional), as well as specific scientific (historical-legal, formal-legal (dogmatic), structural-functional) methods. Results. The authors came to the following conclusions: the concept of “codification of law” is theoretically justified; the subject of codification of law is the principles and norms of law; the code as a type of one of the law forms at the present stage is both a federal law and a codified type of legal act, which has a system-forming character, establishing general and special principles and norms of law; its place in the system of legal acts and other types of law forms should be determined uniformly for all branches of Russian law; the use of digital resources will make the process of codification of law more open, democratic, it will increase the quality and clearness of legal regulators, and will have a positive impact on the process of implementation of law, while digital transformations will not change the form of law as a way of fixing and external expression of principles and norms of law, possible changes will occur in the “exterior” of the code, namely the way legal information is transmitted.

Vestnik of the St Petersburg University of the Ministry of Internal Affairs of RussiaVol. 2025(1)
Russian State University of Justice (RU)
Openalex Percentile: Top 5%
European and International Law Studies
8.52
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