Principles of law in natural legal understanding (concept of A.V. Konovalov)

Dedicated to the analysis of the concept of principles of law in natural legal understanding in the interpretation of A.V. Konovalov. The purpose of the work is to identify the features of the natural law concept of the principles of law by A.V. Konovalov and determining its significance in the theory of principles of law. The emphasis is placed on the fact that the principles of law are studied by scientists not only from different angles, but also based on different types of legal understanding. The main attention to the principles of law is paid by representatives of the positivist legal understanding, to a lesser extent – by libertarian and integrative ones. Until recently, there were no comprehensive studies of the principles of law based on natural legal understanding. It is substantiated that consideration of R. Dworkin’s concept as a variant of natural law theory is debatable. It is proved that at present the only concept of the principles of law in the context of natural law theory is the concept of A.V. Konovalov, which the author himself defines as objective idealism and usnaturazism. The concept of principles of law by A.V. Konovalov is critically analyzed, including such elements as ideas about the principles and proto-principles of law, their nature, essence, system, and social significance. It is concluded that the concept under study is not aimed at improving the principles of positive law, but has mainly moral and ethical significance. Natural law concept of principles of law by A.V. Konovalov guides the legislator, law enforcer, and the scientific community to understand the original ideas and values that lie (or should lie) at the basis of the social structure in general and legal regulation in particular.