Необходимое условие успешности правоприменения при межгосударственной интеграции – интегративность права и интегральность законодательства

Pravoprimenenie

Сергей Николаевич Бабурин¹ 

[1] Институт социально-политических исследований РАН;Омский государственный университет им. Ф.М. Достоевского

关键词: Межгосударственная интеграция;    конституционное право;    интегративность права;    интегральность законодательства;    правоприменение;    Евразийский экономический союз;   

DOI  :  10.24147/10.24147/2542-1514.2017.1(2).5-11

学科分类：社会科学、人文和艺术（综合）

来源: Dostoevsky Omsk State University

【 摘 要 】

УДК 341.1+342.2Subject. The article substantiates the need for a special system of legislation for any project of international integration. Only such system, being integral, may, firstly, become the basis for the formation of an integrative law of this integration project, and secondly, have a supranational constitutionality, giving the ability to individual enforcement. Purpose. The purpose of this paper is the design of the constitutional-legal mechanisms of international integration in the scope of an integrative understanding of law and law enforcement. Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law. Results, scope of application. The author points out that the formation of a single legal space in the Eurasian Economic Union (EEU), as well as in Customs Union and the Eurasian Economic Community before, is a development of constitutional law of supranational level, not of international law. The integration of law and integrality of the legislation are prerequisite for the success of the interstate Eurasian integration.Integration of law means the completeness of its internal structure, implies the indissoluble inner coherence of the law, its wholeness, unity. Coherent legal norms, embodied in legislation, can only create the phenomenon of law. The law should be understood as a metasystem, supersystem, it accumulates all socially significant systems and integrates the values of the law itself, its principles, values, other social regulators and regulated spheres of social relations. Attempts to apply the concept of "integration", but to abandon the notion of "integrality" are unreasonable, this terminological dichotomy is just a word game. If we talk about law, it is more appropriate to talk about it’s iintegrity, but if we talk about legislation, emerging to accelerate and deepen integration processes, it is more appropriate to talk about integrality. The author critically analyzes the features of an integrative understanding of law that are highlighted in the legal literature. The results of the study can be applied in the design of the constitutional-legal mechanisms of interstate Eurasian integration in the framework of the legal modernization of the modern Russian state. Conclusions. The author comes to the conclusion that the use of integral norms of the legislation makes the law alive and develop the integration models. Instability of legal regulation is a serious challenge to the integrity of Russian law. Emerging legislation of the Union State of Russia and Belarus and the Eurasian Economic Union are integral, but the law of these political and legal entities is not integrative today, it does not exist simply. As a consequence, law enforcement in the States participating in the interstate integration is carried out only through the implementation of national legislation.

【 授权许可】

CC BY