TERMINOLOGICAL FEATURES OF LEGAL REGULATION OF SOCIAL RELATIONS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
The effective development of legal science, and especially the implementation of legal norms in Ukraine, essentially depends on the legal and linguistic interpretation of legal texts. For the correct application of legal norms regulating social relations, it is important to understand the terminological features of the legal regulation of social relations. The main task of this scientific article is to determine the terminological features of the legal regulation of social relations in the context of legal and linguistic research. Various studies, the subject of which is directly legal regulation, are considered. Among the authors there are V. Selivanov, Y. Krivitsky, T. Andrusyak, P. Rabinovich, K. Volynka, O.Malko, T.Tarakhonych. The understanding of categories of legal regulation and legal influence are analyzed. The author notes that the legal influence is the category that is wider in comparison with the legal regulation. It is emphasized that the legal regulation was not investigated comprehensively in the aspect of change of the methodology of jurisprudence (breaking away from legal positivism (dogmatism) and the adoption of the natural and law concept of legal thinking). Let us notice that in the aspect of our study, first of all, it is important a functional aspect of legal regulation, the so-called legal mechanism of law action. Accordingly, taking into account the stages of legal regulation, the author concludes that, in the aspect of the interrelationship with process of the legal regulation, the legal and linguistic interpretation of legal texts should be regarded as its main stage (the point is an interpretation and clarification of the rules of law) or as an optional stage , the need for which arises in all or specific cases of the implementation of the rules of law, depending on the view of the need for interpretation of the rules of law is shared by the interpreter (the point is an interpretation and explanation of the rules of law).
Authors and Affiliations
О. В. Мінченко
Keywords
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