Correlation between the Methods of Legal Regulation in the Political Party Legislation of Russia
| Autor: | A. V. Kurochkin |
|---|---|
| Jazyk: | ruština |
| Rok vydání: | 2024 |
| Předmět: | |
| Zdroj: | Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki, Vol 166, Iss 3, Pp 69-80 (2024) |
| Druh dokumentu: | article |
| ISSN: | 2541-7738 2500-2171 |
| DOI: | 10.26907/2541-7738.2024.3.69-80 |
| Popis: | The legal methods for regulating political party relations in Russia were analyzed using formal logical, systematic, institutional, and hermeneutic approaches. The Russian constitutional law employs the mixed method, which underpins the constitutionalization of political parties. In contrast, the prevailing imperative method emphasizes the administrative and legal foundations of the standards that define the rights and obligations of political parties. In turn, the interplay of the imperative and mixed methods in the Russian political party law has resulted in covert obligations for political parties, which are also their subjective rights. However, not all rights of political parties align with the concept of subjective rights as developed in constitutional and legal doctrine. The results obtained suggest that the current constitutional legislation in Russia is abstract, impeding a clear understanding of the rights and obligations of political parties. By exploring the doctrinal approaches, the strategies for recognizing the methods of legal regulation were singled out, depending on the interests protected by the analyzed legal standards. Thus, the specific methods of private and public law were identified, which, with the institution of political parties as an example, explain the complex nature of most legal standards. Taken together, these standards outline a complex variety of legal means to influence political party relations. Therefore, being crosssectoral, the political party standards facilitate the resolution of conflicts in law enforcement that arise in constitutional, party, electoral, and administrative legislation. |
| Databáze: | Directory of Open Access Journals |
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