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The theory of the rule of law in the legal legacy of Ivan Alexandrovich Ilyin

Abstract

Introduction. I.A. Ilyin's works are of great research interest, since legal awareness was the main topic in the thinker's philosophy, but a large amount of material has not been fully studied. I.A. Ilyin touched on the topics of morality, morality, politics, and the state structure. The ideas he put forward were distinguished by their meaningfulness and understanding of the foundations of his country's life, although they also had a certain idealization. The philosopher's work, as well as the ideas expressed by him at different stages of his professional career, were ambiguously evaluated by both contemporaries and later researchers of his views.

Purpose. To examine the historical legacy of the Russian philosopher and legal scholar I.A. Ilyin in the context of the development of Russia as a state governed by the rule of law. The author set himself the task (as a concretization of the general goal) of highlighting the most interesting and fundamental ideas of the philosopher, which designate the role of law in Russian statehood, form the paths of development of the country, continuing to remain relevant for study and consideration by the modern legal system. The works of I.A. Ilyin present significant research interest as legal consciousness was a central theme in the philosophy of the thinker; however, a substantial body of material has not yet been fully explored. I.A. Ilyin addressed topics such as morality, ethics, politics, and state structure. The ideas he put forward were distinguished by their meaningfulness, understanding of the foundations of his country's life, although they also had a certain idealization. The author's task in this article is to show how, from I.A. Ilyin's point of view, law should work in a state structure, what it should rely on in its development. A state cannot be legal if the rules of law in it are distorted. The question of how exactly Russia can reach new heights of development of its statehood, which I.A. Ilyin studied so deeply, remains very interesting for modern researchers, who even today differ in their assessment of his works.

Methods. The methodological framework of the research comprises both general scientific and specific scientific methodological tools: historical-legal method, systematic analysis, dialectical method, method of actualization, sociological and comparative-legal methods. Additionally, description and generalization on the subject of research were employed in the article.

Results. The article identifies the most significant aspects of I.A. Ilyin's philosophical heritage that, in the author's view, remain relevant in the study of the Russian legal system as a whole. An author's interpretation of the legal ideas in the philosopher's works is provided, which can still be utilized in building and refining the modern legal society of our state.

Conclusions. The article substantiates that the formation of Russia as a full-fledged legal state (both from the point of view of I.A. Ilyin and from the point of view of modern realities) is not a one-time process of individual systems, it is a deep, full-fledged elaboration of all spheres of human life, sometimes its complete transformation, which can last for years. Contemporary legal system of Russia cannot exist and develop without looking back on and relying on its historical heritage, which has had a profound impact on the formation of the modern image of law in our country. In his work, I.A. Ilyin substantiated the philosophical and methodological foundations for the paths of development of Russia as a legal state, based on the idea of national self-awareness, self-identity, and the uniqueness of the Russian people.

About the Authors

A. V. Savchenko
Don State Technical University
Russian Federation

Anastasia V. Savchenko – Postgraduate Student

Rostov-on-Don



G. S. Pratsko
Don State Technical University; Rostov State Transport University
Russian Federation

Gennady S. Pratsko – Dr. Sci. (Philos), Dr. Sci. (Law), Professor, Professor of the Department of Commercial and Entrepreneurial Law ; Head of the Department of Civil Law and Procedure

Rostov-on-Don



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Savchenko A.V., Pratsko G.S. The theory of the rule of law in the legal legacy of Ivan Alexandrovich Ilyin. North Caucasus Legal Vestnik. 2025;(2):9-18. (In Russ.)

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