Global legal anomie in the international legal system: general theoretical aspect

Abstract

The subject of the study is international legal norms and global processes associated with their non-compliance and the substitution of rules for norms. The article analyzes current problems of global legal anomie, characteristic of the modern international legal system and international life. Consistent and systemic measures are proposed to prevent and counter this type of legal anomie. In this regard, possible directions for the development of the domestic legal system are determined.The purpose of the study is to determine the characteristic features of global legal anomie and outline ways out of it.Methodology. The dialectical method of cognition, philosophical laws of unity and struggle of opposites, the transition of quantitative changes into qualitative ones, as well as comparative legal and formal legal methods are defined as the methodological basis of the study.The main results. In the process of research, the authors prove that the legal system, which is in a state of legal anomie, is becoming increasingly unsystematic, fragmented and segmented in nature, within which internal connections and interactions are minimized, and its organizing role is inevitably reduced. The article argues that the process of global legal anomie is associated with the complete or partial absence of the necessary (new) legal norms that ensure the formation of multipolarity, and with the imposition of new rules by several states, which to a greater extent form the excessive regulation of international legal relations. The authors explain the concept and characteristics of legal anomie in the international legal system. There is a need to establish mechanisms in the domestic legal system that prevent the entry of international law norms or the manifestation of other components of the international legal system that contradict the Constitution of the Russian Federation and cause legal anomie.Conclusions. It is necessary to find a balance between different national legal systems, which would allow them to mutually enrich themselves with the achievements of their social and legal life. The authors propose the following definition of global legal anomie. It is a type of social anomie occurring in the international legal sphere as a result of a loss of trust in international institutions and rapid changes during a crisis (transition) period, representing a negative (destabilizing) component of international life and characterized by dysfunctionality and inconsistency of the components of the international legal system. Global legal anomie is most clearly expressed: firstly, in the complete or partial absence of the necessary (conditionally new) norms of international law, secondly, in neglect of existing norms, and also, thirdly, in the massively deviating legal implementation activities of subjects of the world communities.