POLITICAL REGIME AND ITS IMPACT ON THE DEVELOPMENT OF THE LEGAL SYSTEM

Authors

DOI:

https://doi.org/10.32782/2523-4269-2024-89-16-20

Keywords:

political regime, legal system, democracy, authoritarianism, hybrid regimes, human rights, legal reforms

Abstract

The article explores the relationship between political regimes and the development of the legal system, which is a crucial aspect of modern political science and law. Special attention is given to analyzing the impact of different types of political regimes – democratic, authoritarian, and hybrid – on the formation, functioning, and transformation of legal institutions. It is noted that political regimes shape the nature of legal regulation through their influence on legislative, executive, and judicial branches of government, as well as on the overall legal culture in society. The role of the legal system is defined as a tool for ensuring state stability, controlling society, or guaranteeing citizens’ rights and freedoms. The article examines how democratic regimes create conditions for the protection of human rights and the rule of law, implemented through the independence of the judiciary, transparency in law enforcement, and accountability of public authorities. In democratic societies, the legal system aims to ensure equality before the law, protect citizens’ rights, and prevent abuses of power. Significant attention is paid to the role of international legal standards, which contribute to integrating national legal systems into the global legal framework. In contrast, in authoritarian and hybrid regimes, the legal system is often used as a tool to maintain power and restrict citizens’ rights and freedoms. In such contexts, legislation is frequently employed for political repression, and judicial power is subordinated to political control. It is noted that hybrid regimes combine elements of democracy and authoritarianism, creating the appearance of democratic institutions while effectively undermining their genuine independence. These systems are primarily aimed at maintaining political stability by limiting information freedom and citizens’ political activity. The conclusion emphasizes that the interaction between political regimes and the legal system is a dynamic and multidimensional process that determines the directions of state development, its stability, and the level of human rights protection. The article also highlights the importance of international cooperation in the legal sphere, particularly the integration of international standards into national legal systems. These processes are critically important for countries undergoing political transformation, such as post-Soviet states or countries with hybrid political regimes.

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Published

2024-12-30

How to Cite

Kozachenko, R. (2024). POLITICAL REGIME AND ITS IMPACT ON THE DEVELOPMENT OF THE LEGAL SYSTEM. Law Journal of Donbass, (4), 16–20. https://doi.org/10.32782/2523-4269-2024-89-16-20

Issue

Section

THEORY AND HISTORY OF THE STATE AND LAW. CONSTITUTIONAL AND INTERNATIONAL LAW