The Concept of the Category “Legal Law” from the Perspective of the Rational-Egalitarian Legal Theory

This article is dedicated to the study and understanding of the category of legal law within the context of contemporary issues in legal theory. From a critical analysis perspective, the preconditions and contemporary doctrinal approaches to understanding the essence and content of legal law are examined. The fundamental empirical bases of legal law within the framework of current Russian legislation are revealed. The thesis substantiates that the characteristic of human rights and freedoms based on international legal standards (including Russian), aimed at determining the legal quality (state) of public‑law actions (inaction), decisions, acts, etc., at the current stage of social development needs rationally justified systematization and ordering within the framework of a certain concept of legal understanding (ideology), based on the metaphysical image of the essence of law and theoretically (logically, sequentially) revealing its primary and natural properties. This circumstance underscores the relevance of examining the problem from the perspective of the rationally egalitarian theory of law, previously unknown to legal science and practice. The author presents an original idea of law as an equal form of freedoms and responsibilities, based on the imperative of preserving human nature, which is ensured through state regulation of social relations. Based on this interpretation of law, the ontological characteristics of human legal freedoms and the mechanism for ensuring them are revealed. In addition, the features of rational‑egalitarian freedom are identified, distinguishing it from the interpretation of freedom within the framework of other approaches to understanding law. Ensuring legal freedoms in the process of state regulation of social relations means that the law (positive law) acts as the only permissible form of expression of law and rights — the only permissible semantic (essence) criterion of the law. The article substantiates the position that it is the principle of legal law that acts as a key instrument of the process of state regulation to eliminate (suppress) non‑legal phenomena (acts, actions, and inaction of public authorities) and to maintain the legal state of the public‑law regime.