E. Gabrelyan

The article is devoted to the study of the theoretical foundations and findings of the legal theory of the state, considering the state as a subject of legal science and occupying a strong position in the Russian science. As the basis of a legal theory of the state is considered “normative” conception of legal science, the main postulates of which boil down to: 1) the dualism of being and proper and, as a consequence, the dualism of casual and regulatory Sciences; 2) a disregard of reality in the process of legal knowledge (“normative” legal science examines not reality, and forced to be); 3) impossibility of the use in legal science methodology of casual science (thesis on the legal “purity”, the “purity” of legal (formal legal) method). Legal theory of state – the concept became widespread in German and Russian science of the late XIX – early XX century, studies are not really existing by the state, and legally (dogmatically) specifies the direction of the state, explaining the latter as either the subject’s right or relationship, or both simultaneously. The logical development of the main tenets of legal theory of the state and put in the basis of “normative” legal science makes a number of theoretical conclusions: 1) fundamental isolation of the science of the state from the social Sciences and, accordingly, the of the state from social reality; 2) the reduction of legal science to the law, the study of the power of the established texts; 3) the dogmatic legal science and legal knowledge of the state, the exception is the theoretical possibility of criticism of the regulatory text; 4) the metaphysical character of legal science in General and science on the state, the existence of “non-existent” and “falsification” of reality.