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Actual problems of Russian law
Reference:

Kuzmina, M.V. On the issue of classification of functions of law

Abstract: This article is devoted to classification of functions of law. The author sets the goal to provide a thorough study of various criteria for the classification of functions of law. Legal literature provides various criteria, and it is quite often that the researchers attempt to apply the criteria for the classification of state functions to the theory of functions of law, which in the opinion of the author is not always possible and objectively viable. Classification of functions of law should be independent and it should reflect substantial characteristics of functions of law, and not of the state. After the comparative analysis of the criteria for the classification of the functions of law, the author draws a conclusion that any classification of functions of law is somewhat relative, since all of the functions are interrelated and they interact among themselves. The most substantiated and practically oriented classification in the opinion of the author is the classification, which divides the functions into general legal functions, disciplinary, intuitional and norm-related; into legal and (relatively) social (nonlegal); primary and derivative ones.


Keywords:

classification of functions of law, classification criteria, functions of the state, general legal functions, branch functions, institutions, norms, legal functions, non-legal functions, relative social functions.


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