Theoretical aspects of discrimination as object of legal study
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The article deals with theoretical and methodological aspects of the study of discrimination in the context of legal regulation. In particular, the phenomenon of discrimination in its connection with public-legal relations and the actual directions of research of the theory of constitutional law are considered. The main elements of legal regulation in the field of ensuring the equality of all people in the realization of their rights and freedoms, in particular, the parties of legal relations in the field of discrimination, are characterized. The above characterizes the multidimensionality of manifestations of discrimination in legal reality. The content of discrimination as a legal phenomenon determines its influence: a) on the process of state formation; b) the organization of social institutions, the constituent parts of which are the legal and political-legal institutions of constitutional law; c) on the ability of the state to fulfill its constitutional obligations to ensure equal rights of citizens in law-making and law-enforcement activities. It is proved that the essence of discrimination should include its positive component - a set of properties and qualities that allow a specific substance not only to exist, but also to develop. In the study of many phenomena associated with discrimination, it is necessary to explore the two sides of the subject - positive and negative. It is revealed that the problem of discrimination is compounded by the fact that in a concrete case it is necessary to distinguish between the manifestation of discrimination against a regular offense (committed as a result of incompetence, criminal intent, negligence, conflict of interests, etc.).
Authors and Affiliations
M. I Sayenko
Keywords
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- EP ID EP573505
- DOI 10.31733/2078-3566-2018-5-47-52
- Views 90
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