Structure and features of functioning of the legal mechanism for protecting the fundamentals of the state system of the USSR (1946-1991)

Abstract

Introduction. The article proposes a structural model of the legal mechanism for protecting the foundations of the state system of the USSR (1946-1991), combining formal-legal and political-ideological regulators into an integral system. The relevance of the study of the Soviet experience is due to modern discussions about the permissible limits of combining legal and political means in ensuring state security.The purpose of the article is to develop a structural model of the legal mechanism for protecting the foundations of the state system of the USSR, which makes it possible to substantiate the internal organization, features of its functioning and the interaction of structural elements.Methods. The methodological basis of the study was a systematic approach, which made it possible to identify stable connections between the levels and subsystems of the mechanism. The historicallegal method is used to identify the features of the structure of the legal mechanism in historical dynamics. The formal legal method is used to distinguish between formally defined legal regulations and evaluative norms. Using the method of legal modeling, a structural model of the legal mechanism for protecting the foundations of the state system of the USSR was built.Results and conclusions. A structural model of the legal mechanism for protecting the foundations of the state system of the USSR is proposed, including normative and non-normative levels and law-establishing, institutional and functional subsystems connected by direct and feedback connections. The normative level sets the formal framework for the state’s protective activities; the non-normative level determines its actual content under the influence of political and ideological regulators. In the study, the structure of the legal mechanism of the foundations of the USSR state system is understood as a stable organization of this system, revealing the composition of its elements, their hierarchy and functional connections. The structural model can be used as a theoretical basis for a historical and legal study of the evolution of the legal mechanism for protecting the foundations of the state system of the USSR in 1946-1991.