SUBJECT OF PROCEDURAL LAW: METHODOLOGICAL APPROACH TO DEFINITION
| Autor: | Valery P. Belyaev, Tamila M. Ninciyeva |
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| Jazyk: | English<br />Russian |
| Rok vydání: | 2020 |
| Předmět: | |
| Zdroj: | RUDN Journal of Law, Vol 24, Iss 3, Pp 572-590 (2020) |
| Druh dokumentu: | article |
| ISSN: | 2313-2337 2408-9001 |
| DOI: | 10.22363/2313-2337-2020-24-3-572-590 |
| Popis: | The purpose of the study of this article is a general theoretic analysis of scientific views on the essence of legal regulation and its object for the development and formation of a definition of the object of procedural legal regulation. General scientific and special scientific methods including formal-legal and comparative-legal, as well as logical techniques, have been chosen for the research; they allowed to reveal the essence of the legal regulation and its object, and eventually - to formulate the author 's definition of the object of procedural-legal regulation. A review of scientific publications shows that legal regulation generally implies a streamlining effect on social relations on the part of authorized entities. The essence of legal regulation lies in the legal impact on social relations with a view to their regularization, carried out by authorized entities through legal activities. The object of legal regulation is a set of social relations subject to legal regulation, which is the starting point for understanding the concept of the object of procedural and legal regulation. In turn, social relations, as a stable connection of interacting subjects, meet such criteria as social importance, conscious will, typology, frequency, formal equality of subjects of legal life and others. As a result of the research, it was concluded that the object of procedural and legal regulation should be understood as a scope of certain social relations regulated by the rules of procedural law and procedural activities of specially authorized entities. |
| Databáze: | Directory of Open Access Journals |
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