2023

European Research Studies Journal

Journal year: 2023 | Journal volume: Vol. XXVI | Journal number: Issue 4

scientific article

english

EN Purpose: This work is devoted to the legal and ethical aspects of the Russian nihilism and those factors that effectively reduce society's motivation to comply with the law. The phenomenon of legal nihilism affects various countries: both developed and those considered backward. A remarkable expansion of legal nihilism is observed on the ground of the modern Russian state. Design/Methodology/Approach: The first objective of this study was to analyse the peculiarities of Russian legal nihilism, its roots, and the consequences it entails. For it raises the security questions of is legal nihilism dangerous? Can a country gripped by this variety of nihilism threaten its neighbours? How do Russian scholars perceive and evaluate the phenomenon of legal nihilism? The following research procedures were used: 1. Literature review; 2. Collection of qualitative and quantitative data; 3. Qualitative analysis; 4. Formulation of conclusions. Findings: Russian researchers recognize social nihilism as a very serious problem of contemporary Russian society. Aggressive and disregarding the law leads to an increase in crime, deterioration of the moral condition of the nation, and an increase in the popularity of the prison subculture. A particularly dangerous situation arises when representatives of the judiciary, law enforcement agencies, employees of state institutions and high-level officials fall into legal nihilism. When a state becomes a de facto criminal organization, it poses a threat to its own security and to the security of neighbouring countries. According to Russian researchers, the cure for a deep political and social crisis resulting from legal nihilism is a thorough legal education, the fight against corruption and the crystallization of more precise legal regulations. Practical implication: This paper is devoted to analysing the legal and ethical aspects of the nihilism, as a set of views and attitudes based on a negative or indifferent attitude towards the law. The legal nihilist considers the law to be a superfluous and even harmful institution. Legal nihilism can be regarded as a form of philosophy questioning the role of law in building social well-being. Originality/value: The article presents original scientific research an alternative view of legal nihilism. Legal nihilism developed particularly intensively in Russia. The sources of this phenomenon lie in the Russian mentality, authoritarian and totalitarian forms of government, which are an inseparable element of Russian statehood, the lack of a developed legal culture, or low legal awareness of citizens. In various historical periods, for the average Russian, the observance of traditions and religious precepts was more important than the observance of the law established by the state. After the October Revolution, religion was supplanted by communist ideology. The law was considered a relic, which was to disappear as a result of the progress of civilization.

354 - 372

10.35808/ersj/3289

https://ersj.eu/journal/3289

CC BY (attribution alone)

final published version

11.2023

at the time of publication

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