PECULIARITIES OF UNDERSTANDING THE RIGHT IN THE SOCIAL CONCEPT OF LAW A.G. GOYHBARG

The article reveals the place of law in the cognition of legal phenomena. The peculiarities of Marxist legal understanding are explored. The main content of the sociological approach to law, within the framework of Marxist legal understanding, one of the outstanding Soviet scientists of the 20s–30s of the XX century, A.G. Goykhbarg, is revealed. The cornerstone of the Marxist theory of the future communist society was the idea of the withering away in it of such institutions of class society as state and law. With the disappearance of the division of society into classes, the need for a state that also disappears will disappear. And since each type of state corresponds to its own right, then with the withering away of the state, law as a historically transitory phenomenon in which society is interested only at a certain stage of development will also wither away. Consequently, Marxism did not leave room for the right in the future communist society.

It is concluded that A. Goikhbarg, the law is understood only as a set of certain rules established by the state for the achievement of certain goals, as a set of certain social functions that are binding for citizens of the Soviet state.