Kraevskiy A.A. Reflection of international law in the Soviet theory of state and law of the late 1930's-1980's

Abstract: The paper presents analysis of legal-theoretical reflection of the issues of international law in Soviet legal science of 1930-1980. The conference on the issues of the science of Soviet state and law of 1938 under the guidance of A.Y. Vyshinsky opened a new period of the development of Soviet jurisprudence. Legal science became more practically oriented, abandoned legal-economical conceptions of Y. B. Pashukanis and several more authors and combined Marxism with classical legal etatism. General theoretical innovations affected the problems of the theory of international law. Methodological basis of paper consists of general and special scientific methods, especially descriptional and comparative methods, methods of analysis and synthesis. Positivistic approach of Soviet jurisprudence appeared in the critic of the project of Declaration of Human Rights, influenced by the natural law philosophy. Soviet reception of the G. Jellinek’s conception of state sovereignty was connected with international political situation of 1930’s, when USSR had to shift from the idea of world revolution to the conception of peaceful coexistence. The role of international law in later Soviet legal-theoretical investigations was less important, except L. S. Yavich’s conception of the essence of law.

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