Development of the Theory of Systematization and Codification of Legislation in Soviet Legal Science in the Late 1950s — 1980s

The article substantiates the relevance of studying the Soviet theoretical and legal heritage for solving modern problems of systematization and codification of legislation. The purpose of the article is to present the main scientific results obtained by the Soviet theory of law in the study of the systematization and codification of legislation, to show their doctrinal and practical significance. The tasks are formulated: to consider the prerequisites and reasons for the transition to a new stage of systematization of legislation in the late 1950s — 1980s; to show the institutional conditions and organization of work on the systematization of legislation; to identify the continuity and novelty of theoretical approaches to understanding the systematization of legislation; to note the connection of theoretical developments with practice. The methodology includes historical-legal, comparative-legal, formal-legal, institutional and anthropological methods. The study revealed that the main institutional structures involved in the theory and practice of systematization were government agencies and scientific institutions, in particular the All-Union Scientific Research Institute of Soviet Legislation. It is noted that for the first time the differentiation of the concepts of systematization and codification was achieved, the main types of systematization were identified and described. At the same time, the main focus was on the study of incorporation (official, unofficial and official) and codification. Accounting and consolidation were also recognized, and compilation was highlighted. The theory of codes of laws was being developed. The debatable issues of the theory of systematization concerned the legal nature of chronological collections of legislation, the legal force of the Code of Laws of the USSR and the Code of Laws of the RSFSR, and the need for regular official republication of incorporation acts. The issue of the legality of naming codified acts of the USSR by codes was resolved in different ways. It is concluded that by the end of the Soviet period a complete theory of systematization and codification of legislation had been created.

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Publication Details

Journal
Journal of Russian Law
Published
2025-01-01
DOI
https://doi.org/10.61205/s160565900034328-4
Primary Topic
European and International Law Studies
Type
article
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article

Development of the Theory of Systematization and Codification of Legislation in Soviet Legal Science in the Late 1950s — 1980s

T. F. Yashchuk
Journal of Russian Law
European and International Law Studies
article

Development of the Theory of Systematization and Codification of Legislation in Soviet Legal Science in the Late 1950s — 1980s

T. F. Yashchuk
article en

Abstract

The article substantiates the relevance of studying the Soviet theoretical and legal heritage for solving modern problems of systematization and codification of legislation. The purpose of the article is to present the main scientific results obtained by the Soviet theory of law in the study of the systematization and codification of legislation, to show their doctrinal and practical significance. The tasks are formulated: to consider the prerequisites and reasons for the transition to a new stage of systematization of legislation in the late 1950s — 1980s; to show the institutional conditions and organization of work on the systematization of legislation; to identify the continuity and novelty of theoretical approaches to understanding the systematization of legislation; to note the connection of theoretical developments with practice. The methodology includes historical-legal, comparative-legal, formal-legal, institutional and anthropological methods. The study revealed that the main institutional structures involved in the theory and practice of systematization were government agencies and scientific institutions, in particular the All-Union Scientific Research Institute of Soviet Legislation. It is noted that for the first time the differentiation of the concepts of systematization and codification was achieved, the main types of systematization were identified and described. At the same time, the main focus was on the study of incorporation (official, unofficial and official) and codification. Accounting and consolidation were also recognized, and compilation was highlighted. The theory of codes of laws was being developed. The debatable issues of the theory of systematization concerned the legal nature of chronological collections of legislation, the legal force of the Code of Laws of the USSR and the Code of Laws of the RSFSR, and the need for regular official republication of incorporation acts. The issue of the legality of naming codified acts of the USSR by codes was resolved in different ways. It is concluded that by the end of the Soviet period a complete theory of systematization and codification of legislation had been created.

Journal of Russian LawVol. 29(6)
Omsk State University (RU)
Openalex Percentile: Top 71%
European and International Law Studies
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