Либертарно-Юридическая Теория Владика Нерсесянцаи Ее Вклад В Развитие Правовой Теории И Практики/Libertarian Legal Theory of Vladik Nersesyants and Its Contribution to the Development of Legal Theory and Practice

The article is devoted to the analysis of one of the modern Russian philosophical andlegal thought directions, which is represented by the libertarian-law theory developed bythe famous Soviet and Russian jurist, academician of the Russian Academy of SciencesV.S. Nersesyants (1938–2005). The approach he proposed is based on the interpretationof law as a phenomenon, the essence of which is the principle of formal equality, which isthe trinity of equal measure, freedom and justice.The purpose of the article is to demonstrate the theoretical novelty, relevance andpractical significance of this approach to understanding of law. From this angle, the articlecovers the stages of formation of the libertarian-law approach in the Soviet and post-Soviet periods of Russian history, reveals its contribution to the development ofphilosophical and law thought and demonstrates using specific examples the possibility ofapplying this approach to assessing the law quality of legislation.To solve the problems stated, the author used historical and dogmatic methods oflegal analysis.Based on the results of the analysis, a conclusion was made on the advisability ofdeveloping a course on libertarian legal doctrine and dogma of law, the introduction ofwhich into the educational process would contribute to a more complete understanding byfuture lawyers of the internal relationship between the philosophical and legal level ofanalysis and the solution of current problems of legal practice.