Schmidt A.V. —
The principle of justice in the construction of a special legal status (historical and theoretical aspect)
// Law and Politics. – 2024. – ¹ 11.
– P. 1 - 10.
DOI: 10.7256/2454-0706.2024.11.71747
URL: https://en.e-notabene.ru/lpmag/article_71747.html
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Abstract: The subject of the study is the principle of justice. The idea of justice is revealed in the context of the legal regulation of the rights and obligations of persons with special legal status. The essential aspects of the principle of equity at the individual and regulatory level are analyzed. It is noted that the principle of justice in relation to special legal status means the following: 1) any specific rights and obligations included in it must be established on certain grounds; 2) the content of these rights and obligations must correspond to the nature of these grounds. Thus, violations of justice in the construction of a special legal status can be of two kinds: either arbitrary (groundless) granting of rights or assignment of duties, or, if there are such grounds, excessive or insufficient nature of rights and duties. The research methodology includes the following approaches: comparative analysis, abstraction, deduction, induction, idealization, formalization, axiomatic and logical method. It seems important to distinguish between the aspects of justice: qualitative and quantitative. The qualitative characteristic of justice is to ensure that the grounds of a special legal status, on the one hand, and its content, on the other, are homogeneous in their value nature; for example, that an act of positive social significance (merit) generates a positive legal assessment expressed in the provision of additional benefits (encouragement), and vice versa. The quantitative measurement of justice assumes that the volume of social benefits or encumbrances inherent in a special legal status reflected, at least with some degree of accuracy, the similar significance of what served as the basis for this. From a practical point of view, the fairness of a special legal status can be revealed at two levels: individual (law enforcement) or normative (law-making).
Khovantsev A.S. —
Implementation of reference norms of law: theoretical and practical aspects
// Law and Politics. – 2024. – ¹ 9.
– P. 68 - 78.
DOI: 10.7256/2454-0706.2024.9.71671
URL: https://en.e-notabene.ru/lpmag/article_71671.html
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Abstract: The article deals with the features and problematic aspects of the implementation of the reference norms of law. The use of reference norms is aimed at the implementation of dispositive rules permitted by the state and presented within the established limits and sizes. To date, the current legislation contains a significant number of reference rules of law. Therefore, it is of scientific interest to conduct research within the framework of the process of their actual implementation in public and legal life. At the moment, there are various processes and ways to implement the reference norms of law into legal reality. The reference norms have received their direct embodiment and effect in four classical forms of law: observance, execution, use and application. Based on this, the subject of scientific research is the reference norms contained in normative legal acts and the direct implementation of law enforcement activities. Dialectical, logical, comparative legal and formal legal methods of cognition are used as research methods. The novelty of the research is predetermined by the understanding of reference norms as a legal phenomenon, the disclosure of the specifics of their implementation, and the identification of problems in law enforcement. The author comes to the conclusion that the implementation of reference norms consists in influencing the will and consciousness of participants in legal relations in order to encourage them to behave in accordance with the reference prescriptions and achieve certain results in which the law-making subject is interested. Attention is drawn to the fact that sometimes law enforcement officers misunderstand the reference norms of law, confusing the latter with blank prescriptions, or perceive reference and declarative norms as synonymous concepts. In conclusion, it is summarized that the systemic connection of reference norms with other legal regulations reflects the specifics of the relationship between them, which, on the one hand, ensures the achievement of the required effectiveness of legal provisions, and, on the other, eliminates their inconsistency.