Place and role of legal doctrine in the system of forms (sources) of law: general-theoretical aspect

Abstract

The article deals with the problem of legal nature of the legal doctrine as a source (form) of law. The article substantiates the idea that the legal doctrine has a twofold meaning, since it has an independent meaning in the system of forms of law of various legal systems, as well as is fully a source of law that forms the foundation, methodological basis for the creation, interpretation and application of legal norms in other legal systems, in particular the Russian state. The author draws attention to the characteristic features inherent in the legal doctrine, analyzes its role in various legal systems, where it acts as a form of law. The author compares the positions of various points of view of Russian scientists on the legal nature of legal doctrine as a form of law. The author identifies and describes the characteristic features of legal doctrine as a source of law in the activity of the mechanism of the Russian state in the sphere of legislative and executive implementation.