S. S. Alekseev on the Structure of Soviet Law

The efficacy of the legislator’s actions in the context of intricate and rapidly evolving modernity hinges on their comprehension and incorporation of the intrinsic, profound patterns and structural elements of law, which have been meticulously analysed by renowned Soviet and Russian scientist S. S. Alekseev in his work, The Structure of Soviet Law (1975). This work ensures its enduring relevance in the present era. The scientist pays significant attention to the justification of the methodology employed in his work, which is based on the systemic (system-structural) approach. In this approach, the scientist emphasizes the distinction between the categories of system and structure of law. He argues that an understanding of the components of the former is an essential preliminary step in gaining insight into the structural links of a system. These links serve to maintain the integrity, orderliness, and unity of the system. He elucidates that the concept of “system of law” is employed in the field of jurisprudence in both its traditional and special senses, which must be distinguished. The structure of law can be divided into four main levels, distinguished according to the functions performed by individual units of law. These levels are: the structure of an individual normative prescription; the structure of a legal institute; the structure of a branch of law; and the structure of law as a whole, i.e. the system of law (in the special meaning of the term). Special functions are inherent in the subdivisions of law at each of these levels. The law is a polystructural regulatory system, which as a system is characterized by a certain hierarchy of structures. These include the main core structures, which differentiate law into norms, institutions and branches; complex structures, which are secondary to the main core structures; and ideal structures, which are logical norms, legal constructions, regulatory and protective subsystems. It is observed that the structure of law is objective in nature, although there are certain reservations in relation to legislation. While it is acknowledged that various subjective factors may have an influence, this influence is considered to be limited in scope. The process of specialization of law is analysed. Profiling, procedural, special and complex branches of law are distinguished.