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Section 14. Science of law
Petrov Dmitriy Evgenyevich, Saratov State Law Academy, Associate Professor at the Department of Theory of State and Law,
Candidate of Legal Sciences E-mail: dpetrov.saratov@mail.ru
impact of socio-economic factors on differentiation of law
Abstract: The article considers socio-economic prerequisites of differentiation in law. The origins of the notion «differentiation of law» are analyzed. Differentiation of law is determined by both external (socio-economic) and internal (special legal) factors, but external factors play a crucial role in the process of differentiation. Keywords: differentiation, law, legal system, social relations, economy.
The research of the processes that take place in the legal system of a certain state presupposes the study of their socio-economic prerequisites. Conforming to the general laws of social development, differentiation in the law is stemmed on reasons and prerequisites of social differentiation as a generic phenomenon, which presumes the need of initial reference to professional literature on sociology, philosophy, economics, political science and other social sciences in the sphere of theory of systems in the whole and differentiation in particular.
The founder of social studies of the issues of differentiation H. Spencer borrowed the notion «differentiation» from natural sciences. However, he expanded its meaning believing that differentiation and integration were the main elements of the overall evolution of the matter from elementary to complex not only on the natural level (biological), but also in psychological and social spheres [10].
French sociologist E. Durkheim considered social differentiation as the result of such reasons like labor division, nature law, which was related to such functions in the society as growth of population density and intensity of inter-personal relations [5]. German philosopher and sociologist M. Weber saw the reasons of social differentiation in the process of rationalization of values, norms and relations between people [4, 1620].
A significant contribution to the research of reasons and general regularities of the processes of social differentiation was made by an American economist
D. North, who formulated four major criteria of social differentiation: according to functions, rank, culture and interests [6].
In the concept of social differentiation of the theorists of sociology of action and supporters of the systematic approach (T. Parsons, N. Luhmann, A. Etzioni etc.) [7] social differentiation is presented as not only the initial state of social structure but also as a process that predetermines the appearance of roles
and groups specialized in the performance of separate functions. These scientists clearly differentiate between the levels at which the process of social differentiation takes place: the level of the society in the whole, the level of its subsystems, the level of groups etc. The basis thesis in such representation of social differentiation is the fact that any social system can function only if the following vital functions are realized in it: adaptation to the environment, definition of a goal, regulation of internal collectives (integration) etc. These functions can be performed by more or less specialized institutions and differentiation of social system happens in compliance with it.
In legal science, differentiation is one of the fundamental phenomenon along with the integration of tendencies in the development and functioning of the legal system, which has a multi-level nature and that is expressed in uninterrupted process of alternate intensity of fragmentation, distinguishing new structural formations in the law, increase of the number of its elements, expansion of the circle of functions performed by them as well as ripening of qualitative differences of elements (and subsystems) by way of which the appropriate level of diversity in the mechanism of legal regulation and its adaptation to external environment is ensured [2, 53].
In philosophy, they distinguish between functional differentiation, in the course of which the circle of functions performed by the elements of a developing system is expanded, and structural differentiation, in the course of which subsystems realizing these or those functions are distinguished in the system [12]. Within the frames of the study of reasons and prerequisites of differentiation of the legal system the distinguishing between subject and functional differentiation appears to be more precise. Such theoretical step allows reflecting in the consciousness the impact of external environment on the system in the form of the entire system of social relations (they can be defined as general social reasons
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of differentiation of the law), as well as internal factors and demands in development and functioning of the law itself (special legal prerequisites).
Similar position with regard to a related issue is taken by I. N. Senyakin, who paid special attention to prerequisites of specialization of the legislation. He pointed out the following circumstances: social division of labor; differentiation of government bodies and national and state sovereignization. According to his just opinion, the specified prerequisites predetermine the content, kinds and forms of the process of specialization of the legislation [9; 5]. The latter, according to the scientist, refers to differentiation along with concretization and detalization. It should be noted that differentiation in the law and specialization in the legislation are undoubtedly interrelated phenomena, but they are not identical. The very specialization of the legislation is a form of differentiation in the law and not vice versa (as the legislation is one of the law norms, but not its content). Reasons causing the observed phenomena are same.
Moreover, I. N. Senyakin distinguishes internal legal prerequisites of specialization of the legislation. In his opinion, the special place among them is taken by special legal norms that constitute the legal basis of specialization ofthe legislation [9; 18]. Such conclusion appears quite reasonable and correctly reflects the issue of the correlation of specialization in the legislation and differentiation in the law. The very differentiation of the legal norms into the respective kinds brings about the specialization of regulative and legal acts as the most important form of their manifestation. It is important to emphasize that special norms act as one of the main results of differentiation in the law at this level, which further predetermines specialization in the course of their allocation in the legal acts.
The main system differentiating factors of the legal structure refer to the number of external conditions in the economics [2; 44] and then in the political and legal sphere. Consequently, the reasons of the process of differentiation in the legal system should be primarily looked for in the economics. At the same time, it is necessary to take the dialectics of external and internal factors generating the processes of system formation into account.
According to S. S. Alekseev, the external reasons of differentiation of the law include economic basis and state authority and the internal ones include the legal functions. Hence, he defined two groups as the main system-forming factors: a) the subject of legal regulation;
b) functions of the law and its separate subdivisions.
At the level of legal norms, S. S. Alekseev gave the priority to functional differentiation. The functions of the law, in his opinion, act as the main criterion of differentiation of the regulative instructions in compliance with which regulative, protective and specialized norms are distinguished in the structure of law [2; 103].
V. M. Syrykh pays special attention to the issue of objective conditionality of the law and the process of its development. Strictly following the dialectic principles of cognition, the author comes to just conclusion that «the reasonability of the applicable law is achieved by its organic conformity to both the content of political and legal activity and concrete historical conditions, applying and taking them into account, the norms of law are designed, as well as general and industrial principles of law, and, finally, economic relations, basis of the society» [11; 324]. Herewith, the researcher calls economic basis as the prime reason of development of the law soundly following the classics of Marxism.
The first works with the use of the category «differentiation» initially appeared in the sciences of civil and labor law [1, 77; 3, 48], which was determined by the most relation of the respective branches of the law with economic relations, in the development of which the tendencies of differentiation were observed most demonstrably and clearly in XX century. The representatives of the indicated branch sciences paid attention to the need of transition in theory from simple formal and logical operation on classification of legal phenomena according to different bases to research of deep processes of differentiation of structural formations in this or that branch of the law. Thereat, the important position that differentiation as natural and historical process in the development of the law is determined by specialization of social and economic relations was defended. The criteria of division of a certain branch of the law into separate institutions, groups and kinds of norms should not be defined in theory voluntarily (according to the preferences of one or another researcher), but in accordance with objective particularities of evolution of the economic basis predetermining the structure and composition of state legal superstructure.
The above stipulated allows concluding that the process of differentiation of state and legal superstructure in the whole and structural elements of the legal system in particular has a double cause-and-effect nature. It is predetermined by both external general
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social reasons in the form of perpetual differentiation of social and economic, political and other relations in the society (subject criterion) and internal prerequisites having strictly legal nature in the form of the need for procedure realization, functional division of regulative and legal instructions etc. Nevertheless, the presence of special legal prerequisites, the need for differentiation in legal matter, is primarily predetermined by the very
objectively formed social relations, the degree of their diversity and complexity. The process of differentiation distinguishes all new elements in the structure of law in the form of response reaction to constant increase of diversity in the system of regulated relations. Differentiation acts as a necessary satellite of the legal progress, ensures the balance between the community and detalization of the mechanism of legal impact.
References:
1. Alekseev S. S. Differentiation of civil and legal regulation in a socialist society//Soviet state and law. - 1960. № 12;
2. Alekseev S. S. Structure of the Soviet law. - M.: Legal literature, 1975.
3. Baru M. I. Unification and differentiation ofthe norms oflabor law//Soviet state and law. - 1971. № 10. P. 48-50;
4. Gromov I. A., Matskevich A.Yu., Semenov V. A. Western theoretic sociology. - M., 2006.
5. Durkheim E. Sociology. Its subject, method and purpose. - M., 2005.
6. North D. Institutions, Institutional Change and Economic Performance. - M., 1997.
7. Parsons T. About the structure of social impact. - M., 2000.
8. Polenina S. V. Theoretical problems of Soviet legislation system. - M.: Published by «Nauka», 1979.
9. Senyakin I. N. Specialization and unification of Russian legislation. Problems of theory and practice/Edited by M. I. Baitin. - Saratov: Published by Saratov University, 1993.
10. Spencer H. The bases of sociology. Part I-VIII. Translated from English. - SPb., 1876, 1877, 1898.
11. Syrykh V. M. Logical bases of general theory of law in 3 volumes. V.3. Modern understanding of law. - M.: ^AP, 2007.
12. Philosophical encyclopedia dictionary. - M., 1983.
Sadikov Ällayar Ädilbaevich, Karakalpak State University 2nd course student, the department of history and law. E-mail: nietulla.orinbetov.84@list.ru
Administrative and territorial structure, state system and social-economic situation of Karakalpakstan
Abstract: In this article given administrative and territorial structure, state system and social-economic situation of Karakalpakstan. And said about a little karakalpak historical places and outstanding people.
Keywords: Amudarya, Sulton-Uvays, Jokargi Kenes, Council of Ministers, Chilpyk, Nukus, Kungrad Soda, karakalpakstan jaslari.
Karakalpakstan is located in the north-western part of Uzbekistan, in the lower reaches of the Amudarya river and the southern shores of the Aral sea. Karakalpakstan occupies a territory of 166.6 thousand square kilometers and thus. Karakalpakstan borders with the Republic of Kazakhstan in the north and west, the Navoi region in the east, Khorezm and the Bukhara regions in the southeast and with Turkmenistan in the south.
The Sulton-Uvays Mountain Range is the largest among other mountain ranges. On the foothills of the Sulton-Uvays is the Baday-Tugay Park. The Amu Darya (the lower streams) is the only river that flows through
the given area. Its wide delta is very rich in reeds. There are many streams, lakes and swamplands in the river delta with major agricultural areas and irrigation canals located on its right shore. There are a variety of natural resources such as gas, iron, phosphorus, bentonite and kaolin clay, salt, marble, and granite. Climate is typically continental with dry and hot summers and relatively cold winters. The general rainfall is in autumn and spring.
It has highest footprint of all areas of the republic of Uzbekistan. It is population exceeds more than 1 million 736,5 thousand people (2014 year 1 january esti-
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