Legal regime: the concept and features

Cover Page

Abstract


The purpose of the study is to conduct a general theoretical analysis of scientific approaches to the definition of the concept and essence of the legal regime in order to overcome its narrow industrial understanding and identify the role and significance in the process of legal regulation. General scientific and private scientific methods of knowledge including formal legal and comparative legal methods have been chosen as research methods of this paper. Logical techniques allowing to reveal the essence of legal regimes and formulate the author's definition of them have also been applied. The analysis of scientific works expressing various opinions indicates that at present an instrumental approach to the definition of the concept and essence of the legal regime prevails directly (or indirectly through the procedure of legal regulation) as a set of legal means (instruments). The following are mentioned as signs of the legal regime: mandatory normative legal consolidation (formal legal nature), specific target, special regulatory order based on a combination of legal means and methods of legal regulation, in relation to subjects of law, i.e., in a subjective sense, creating of favorable (or unfavorable) conditions to achieve certain interests, systemic and integrated character of a regime and its special structure. As a result, the author's definition of the legal regime is presented as a special procedure for the legal regulation of public relations, based on a certain combination of legal means and methods of legal regulation (permits, prohibitions, and positive obligations) aimed at achieving the relevant legal goals and planned optimal socially significant result.


About the authors

Galina S. Belyaeva

Belgorod State National Research University

Author for correspondence.
Email: belvp46@mail.ru
85 Pobeda Str., Belgorod, 308015, Russian Federation

Doctor of Legal Sciences, Full Professor, Department of Administrative Law and Process

References

  1. Alekseev, S.S. (1966) Mechanism of legal regulation in the socialist state. Moscow, Yuridicheskaya lititeratura Publ. (in Russian).
  2. Alekseev, S.S. (1981) General theory of law: in 2 volumes. Vol. 2. Moscow, Yuridicheskaya lititeratura Publ. (in Russian).
  3. Alekseev, S.S. (1989) General permits and general prohibitions in Soviet law. Moscow, Yuridicheskaya lititeratura Publ. (in Russian).
  4. Alekseev, S.S. (1995) Theory of law. Moscow, BEK Publ. (in Russian).
  5. Barzilova, I.S. (2017) Concept and legal nature of legal regimes. Bulletin of Moscow University of the Ministry of Internal Affairs of Russia. (3), 10-14. (in Russian).
  6. Gorlenko, V.A. (2002) Regime of legal regulation (theoretical and applied aspect. Avtoref. Diss … cand. Legal of sciences. Saint Petersburg. (in Russian).
  7. Isakov, V.B. (1987) Legal framework and legal regimes. In: Alekseev, S.S. (ed.). Problems of theory of State and law. pp. 258-259. (in Russian).
  8. Malko, A.V. (2003) Incentives and restrictions in law. Moscow, Yurist Publ. (in Russian).
  9. Malko, A.V. & Rodionov, O.S. (2001) Legal regimes in Russian legislation. Journal of Russian law. 9(57), 19-26. (in Russian).
  10. Matuzov, N.I. & Malko, A.V. (1996) Legal regimes: issues of theory and practice. Izvestiya vuzov. Pravovedenie. 1(212), 16-29. (in Russian).
  11. Matuzov, N.I. & Malko, A.V. (1996) Legal regimes: questions of theory and practice. In: Legal science and reform of legal education: Collection of scientific works. Issue 4: Law and Politics: Contemporary Issues of Relationship and Development. Voronezh, Voronezh University Publ. pp. 14-29. (in Russian).
  12. Morozova, L.A. (1985) Constitutional regulation in the USSR. Moscow, Yuridicheskaya lititeratura Publ. (in Russian).
  13. Rodionov, O.S. (2001) Mechanism for establishing legal regimes under Russian law. Diss … cand. Legal of sciences. Saratov, Saratov State Academy of Law. (in Russian).
  14. Sitnikov, A.P. (2009) Issues on the ratio of the categories “legal regime,” “legal state” and “legal order”. CSU Bulletin. Law. 31 (169), 9-11. (in Russian).
  15. Syubareva, I.F. (2011) Regimes in Russian law. Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Interior Affairs of Russia. 2 (24), 178-185. (in Russian).
  16. Shamsumova, E.F. (2001) Legal regimes (theoretical aspect). Diss … cand. Legal of sciences. Ekaterinburg, Ural Law Institute of the Russian Federation Ministry of Internal Affairs. (in Russian).
  17. Suharev, A.Ya. (ed.). (1984) Legal Encyclopedic Dictionary. Moscow, Sovetskaya entsiklopediya Publ. (in Russian).
  18. Tereshchenko, L.K. (2011) Legal information regime. Avtoref. Diss. ... doct. Legal of sciences. Moscow, The Institute of Legislation and Comparative Law under the Russian Federation Government. (in Russian).
  19. Tsiganovkin, V.A. (2011) Systems of social regulation: state and legal regimes. RGGU Bulletin. Series: Economics. Management. Law. 8(70), 179-187. (in Russian).
  20. Zabugin, I.R. (2009) The concept of a legal regime. In: Offences and legal liability: Materials of the All-Russian Scientific and Practical Conference. Tolyatti. pp. 88-93. (in Russian).

Statistics

Views

Abstract - 65

PDF (Russian) - 253

Cited-By


PlumX

Dimensions

Refbacks

  • There are currently no refbacks.

Copyright (c) 2021 Belyaeva G.S.

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies