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Title of Article

SOVIET HISTORICAL AND LEGAL EXPERIENCE IN THE GENESIS OF THE INSTITUTE FOR JUDICIAL PROTECTION OF THE RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS IN RUSSIA


Issue
1
Date
2024

Article type
scientific article
UDC
342.914
Pages
49-55
Keywords
 


Authors
Volchenko O.Yu.
Vserossiyskaya akademiya vneshney torgovli Ministerstva ekonomicheskogo razvitiya Rossiyskoy Federatsii


Abstract
The article discusses current issues of historical and legal experience in the development and improvement of the institution of judicial protection of human rights during the USSR period. The author substantiates the point of view that the Soviet state and law developed rather discretely, there were major epochal “turns” and cardinal political and legal changes. In the state-legal history of Russia, a comprehensive legal institution of judicial protection of the rights and legitimate interests of copyright holders has not developed, which could be taken as a basis for modern Russia and, based on the reception method, “transferred” to another “soil”, as was observed, for example, in the countries of the Romano-Germanic legal tradition in relation to the reception of Roman private law. Only individual models, samples and patterns of legal regulation have modern significance, mainly the principles and priorities of state judicial policy, some of which were unreasonably forgotten by contemporaries and are not used despite the positive historical and legal experience of the state.

File (in Russian)