The article examines the relationship between natural-law and positive-law foundations in the regulation of social relations through the lens of Russian legal consciousness, where law is often perceived as “pravda” and social justice as standards of a proper legal order. It analyses the doctrinal premises of positivist and natural-law approaches and their relevance to the legitimacy of legal regulation, legal certainty, and the predictability of law enforcement. Special attention is paid to the risks arising from a gap between normative prescriptions and enforcement practices, to the impact of excessive juridification on public trust in law, and to the role of procedural guarantees and proportionality of state interference in maintaining a balance between the interests of the individual, society, and the state. The article concludes that effective legal regulation requires both the formal determinacy of legal rules and due regard for justice-based expectations and respect for human dignity, which together support the stability of the legal order and the social acceptance of law.
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Sergey Nikolaevich Khrameshin
Institute of Slavic Studies
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Sergey Nikolaevich Khrameshin (Fri,) studied this question.
www.synapsesocial.com/papers/69c4ccd6fdc3bde4489187ba — DOI: https://doi.org/10.64457/ru-science-2019-i01-a01