THE CONCEPTUAL FLAWS OF THE "GENERAL THEORY OF LAW: PHENOMENOLOGICAL AND COMMUNICATIVE APPROACH: A COURSE OF LECTURES" A. V. POLYAKOV AND THEIR IMPLICATIONS FOR LEGAL SCIENCE
Background: The real discrepancy between the practice of life and management to ensure their law always made lawyers look for the most versatile ways of consolidation and development of the «theory of state and law» theory of law, which is usually integral to the right is its derivative, because what’s the theory right, so very right. Throughout the existence of the «theory of state and law» made numerous attempts to consider the right with the different parties that resulted in not only a wide variety of theories of law, but even the theories of areas of law-which was the theory of military law was even derived from the military law that created a theoretical framework for the study, for example, the «capacity» of military units as legal entities. Fatal inconsistencies of practice and established thinkers in the framework of the state law theories has led to the emergence in 2001 of the first, and then in 2003 and the second edition of «General theory of law: phenomenological and communicative approach: a course of lectures» A. V. Polyakov, who used introduced them to «scientifically acceptable definition of law» is fundamentally different from the usual.Results: The starting point for consideration of the conceptual flaws A.V. Polyakov was the concept of «truth» that is «the opposite of falsehood; all that is true, genuine, right, true that is». This allowed us to detect non-compliance with accepted scientific definitions and introduced by A. V. Polyakov «scientifically acceptable definition of law» that:- it is proposed to understand under the theory of law «section of the philosophy of law, claiming the universality of the established in the framework of legal knowledge and accuracy...», which, however, does not allow to distinguish it from other objects with the same properties;- the basis of the «phenomenological» approach to the law put the concept of «phenomenon», although a sample of one element in no way can reflect the properties of the General population, and therefore is not representative, and the «communicative» approach - the concept of communication «message communication», defined as «interactions between subjects»;- suggested to distinguish from each other production and economic relations, which are synonyms, and defining legal relations «in the form of mutual rights and obligations» incorporated them into the structure of social relations, although the relationship turn into a relationship, and then only when they become binding for all time, space and persons;- determined the structure only as «relations between elements» and the system as a «whole composed of parts»;- introduced the functions of the state as «the main directions of its activities», although «function associated with the directed, selective effects... some sides of the external environment»;- introduced the concept of «norms-principles», although the rule of law is a «generally binding rule of conduct» from which to retreat, and under the principles of law refers to the «assumptions underlying ideas, beginning, from which it was impossible to retreat»;- determined «the rule of law», not its essence, «focus», and how it is implemented.In the framework of the «General theory of law», which, like any theory, is axiomatic, was not investigated modelling the socio-economic sphere, the functioning of which needs to provide his «General theory of law»; the axioms of public relations, as well as the essential characteristics of the underlying.The negative effects of the conceptual flaws of the «General theory of law»: very serious, because, according to D.I. Pisarev, «wrong use of words leads to errors in thought and practice, then in life».The scope of the results: Reveals discrepancy between commonly accepted scientific definitions and introduced by A.V. Polyakov «scientifically acceptable definition of law» eliminates the theoretical attempts to consider the right providing activity of the society through enrichment of its enterprising part on the assumption that as soon as it enriched, once General prosperity, from different angles and to consider the use and development «of the theory of law on the basis of the essential feature of social relations - ownership (on the example of Russian Federation)», including empirical, theoretical, methodological and practical parts and the relations between them, for the transition from legal support competition only private owners and their associations, leading to crises, poverty and unemployment, competition between society and its organizations and private owners and their organizations.Conclusions: Use accepted scientific definitions, which make the legal character when they become binding for all time, in space and on the number of persons, is an important step to the exclusion of the fatal inconsistencies to ensure the practice of theory of law and development based on this new theory of law, devoid of such inconsistencies.