Legal receptor and legal donation in the constitutionalism of states in the context of globalization: socio-philosophical and educational aspects

Introduction. The socio-philosophical and philosophical-legal analysis of the processes of law components exchange (legal norms, articles, prin­ciples, parts of legislation, legal ideology, etc.) be­tween legal systems (legal spheres) of different coun­tries has shown that this exchange takes place both in history and modernity. Its comprehension first of all began in Western law, starting from the Middle Ages. The assimilation of law components by some coun­tries from other countries is called the legal recep­tion. Historically, from the Middle Ages to the present day, the reception of Roman law componets by Euro­pean states has been the first and most widespread. But in the XX and especially at the beginning of the XXI centuries (in the era of globalization), the recep­tion of the components of law in the system of inter­actions of simultaneously existing states, as well as the interactions of countries and the international le­gal environment, developed significantly. In this case, it became necessary to study the legal mechanisms and patterns of legal interchange of the law compo­nents on an international interaction scale, in the era of globalization. The purposes of the article are: to consider some patterns of interactions between legal systems of different countries and other legal enti­ties, in the context of globalization (including legal receptions) from the standpoint of social philosophy; to identify the necessary categorical apparatus, to show the significance of introducing the results into professional legal (law) education. Methodology and research methods: dialectical and system-philosoph­ical approaches, methods of legal comparative studies, induction and deduction, analysis and synthesis, integration of the results. Results. There have been investigated the interstate processes of legal systems components interchange which lead to carrying out the reception of law by some countries and donation of legal components from other countries and legal entities. This type of diverse supranational legal rela­tions is designated and investigated in the article as the dialectic of the processes of legal receptivity and legal donation. Legal entities, participants in these processes, are designated as legal recipients and le­gal donors. The historically formed stages of legal re­ceptivity are defined: in time parameters from the past to the present; in the time parameters of the present. Different types of classifications of legal receptions have been grouped (ten such types have been iden­tified). The process of legal donation from leading countries and from international law has also been investigated; its main forms are defined as friendly, aggressive-aggressive, manipulative and competitive legal donation. It is shown that countries – non-inde­pendent legal recipients – are in the most dependent position. The specifics of legal reception – donation processes in modern Russian constitutionalism and in Russian law as a whole have been identified. Conclu­sion. The relevance of including the main laws of le­gal receptivity and legal donation as separate topics in professional legal education in the era of global­ization is substantiated.

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