The Russian Legal System: Developmental Challenges (Part Two)
Sergey I. Arkhipov –Ural State Law University named after V. F. Yakovlev (Yekaterinburg, Russia).Year: 2026
journal: Vestnik GU 2026 part 2
UDK: 340.11:004
Pages: 33–46
Language: russian
Section: LAW
Keywords: Russian legal system, private law, public law, elements of the legal system, evolution of law, universal human law
Abstract
The article explores two critically significant aspects of the evolution of the system of contemporary Russian law: the dichotomy between private and public law, as well as the changes in the configuration of components that constitute the legal framework. It is noted that Russia has adopted from the Western legal tradition the dualism of private and public law, which, while having its advantages, also presents certain shortcomings. Private and public law do not belong to one world but rather constitute two distinct ones governed by independent communicative systems: the legal one is based on the principles of liberty and equality among individuals, while the political system is rooted in the concept of power, with some entities exercising dominance over others. To ensure the successful legal development of Russia, there is a proposal to merge two legal frameworks. This is not a matter of convergence, but rather a qualitative reshaping of the existing legal realms, resulting in a homogeneous legal whole. The author maintains that the legal profession should take the lead in establishing a unified legal framework. In its essence, law ought to be neither private, reflecting the caprice of individuals, nor public, serving the political agendas of the state; rather, it ought to be universal, emanating from a collective understanding shared by the legal community. Thus, it is the “law of lawyers” that ought to be its source. With regard to the substratum, the “substance” of the legal framework, it should be noted that the prevailing view in contemporary legal scholarship, which conceptualizes the legal system as a collection of regulations, fails to adequately capture the contemporary legal landscape. In private law, the dominant feature is not exclusively constituted by norms; rather, the central place is occupied by property relations. Moreover, the system of private law encompasses a broader spectrum, entailing not only subjects but also legal relationships, subjective rights, legal liabilities, norms, agreements, and a multitude of other components. In public law, there also exists an inclination towards fostering a dialogue between the state and the primary actors in the legal landscape – individuals. The further humanization of public law implies an enhanced role for the individual as a subject of law within this realm, recognizing their status as a fundamental component of the legal system. Further, the article discusses the potential for establishing a supranational legal subsystem – a universal human law.
