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APPROACHES TO THE CONCEPT AND ESSENCE OF LEGAL REGULATION: PROBLEM ISSUES

Zuev Andrey Vyacheslavovich  (Candidate of historical sciences, Associate Professor of private law departments, Admiral Makarov State University of Maritime and Inland Shipping)

Bruevich Marina Yurievna  (Candidate of law sciences, Associate Professor of the Department of Retraining and Advanced Training of Specialists, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia named after Hero of the Russian Federation General of the Army E.N. Zinicheva)

Bilashenko Ekaterina Veniaminovna  (Candidate of pedagogical sciences, Associate Professor of the Department of Theory of Law and Civil Law Education, Herzen State Pedagogical University of Russia)

Rubtsov Sergei Nikolaevich  (Doctor of historical sciences, Professor of the Department of socio-economic and humanitarian disciplines, Leningrad Regional Branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia; Professor of the Departments of social sciences Northwest Institute of Management of the Russian Presidential Academy of National Economy and Public Administration )

Knowledge of the essence and role of law in the life of society requires a broad approach to legal phenomena in all their diversity and interaction with each other. Leading lawyers, economists and jurists of the world have repeatedly tried to interpret the concept of legal regulation. After analyzing various approaches, the authors came to the conclusion that many scientists put forward similar points of view regarding the problem of studying the role of legal regulation in the system of public relations. The opinions of scientists differ at the stage of emergence of subjective rights and obligations. A number of lawyers hold the position that it is inappropriate to single out this stage of legal regulation in the system. There is currently no consensus and explanation on how to interpret the essence of legal regulation. Scientists tend to argue which of the concepts and characteristics of legal regulation is the most comprehensive. However, it should be emphasized that recently there has been a tendency towards rapprochement among theoreticians studying the role of legal regulation in Russia. Therefore, the postulates and doctrines that reveal the essence and role of legal regulation in the system of social relations are increasingly becoming similar to each other.

Keywords:law, state, legal regulation, concept of legal regulation, essence of legal regulation, regulation of public relations, rule of law, subject of legal regulation, method of legal regulation

 

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Citation link:
Zuev A. V., Bruevich M. Y., Bilashenko E. V., Rubtsov S. N. APPROACHES TO THE CONCEPT AND ESSENCE OF LEGAL REGULATION: PROBLEM ISSUES // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№05. -С. 101-105 DOI 10.37882/2223-2974.2023.05.14
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