LEGAL REGULATION – TYPE OF LEGAL ACTIVITY
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 60, Issue 2
Abstract
Legal regulation is considered using the principle of legal activity. It is represented as the activity of subjects of law on the legal regulation of the most important social relations and the realization of the rights and duties formalized in these rules. Legal regulation, as a legal phenomenon, is considered from the point of view of its determinacy by human activity. The activity character of legal regulation is reflected in its stages, described in the theory of law. At the same time, legal regulation is viewed as an activity that does not end with the creation of legal rules, but continues until the implementation of these rules in legal relations. The signs of legal regulation that characterize it as legal activity are examined: the expression in legal actions, the social utility, the integration into the existing system of legal relations, the complex nature of the subjects, the focus on the formation of the legal order in society and others. It is established that such characteristics are specific in relation to the features of legal activity. Some elements of legal regulation are considered: subjects, objects, functional orientation of legal activity. The existence of such elements is also substantiated in legal regulation. The conclusion is made that legal regulation is a separate type of legal activity. The expediency of further theoretical research of the elements of legal regulation through the activity approach is stated. This approach involves the use of the principle of activity as the main method of studying the legal regulation of social relations.
Authors and Affiliations
Vadim Pashutin
Keywords
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