COMPARATIVE LAW AND LEGAL RECEPTION

Abstract

Scientific aspects of the ratio of comparative law and legal reception are studied. Comparative law is considered a methodologic legal science, providing scientifically grounded borrowing of foreign legal elements. The mechanism of legal borrowing is considered an important ground of legal reception, which is proposed to view in 2 aspects: as a normatively defined mechanism of reception of legal components and as a doctrinal mecha-nism with its objects and subjects of the given reception. Special attention is paid to the grounds of legal borrowing, which should be scientifically proved and aimed at the realization of the new knowledge in conditions of new national legal environment. The danger of the appearance of mechanicalism in legal borrowing is shown, which can happen when ignoring of the methodology of the science of comparative law. The conclusion is made about the subsidiary character of comparative law for legal reception, which is considered a pragmatic component of the changing of essential components of the national legal environment and the given legal system as a whole.