Goals in law: methodological aspects of level-based approach

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Introduction: the article deals with the issues of a level approach, through which goals are fixed in law. The analysis of each of the levels of fixing the goals of law is presented. The comparison of these goals is made according to several parameters: the specificity of the norms, the addressee, the adopted body, the method of control, the validity period of the norms. Materials and Methods: the study was conducted using a set of methods, primarily general logical (analysis, synthesis, induction, deduction) and formal legal research methods. Regulatory legal acts and concepts (strategies, programs) of the Russian Federation, scientific works of Russian legal theorists were used as research materials . Results: the formation of goals in law occurs not only at the expense of legal, but other (economic, sociological, political, etc.) methods of problem formulation. In the legal field, the goals are fixed at three different levels: conceptual acts; legislative acts; acts regulating the activities of law enforcement authorities. Discussion and Conclusions: the author suggests considering whether the goals set for the subjects of law enforcement reflect the goals set by the legislator and other law-making subjects for the law as a whole. The goals that are set at the level of acts regulating the activities of law enforcement agencies affect the behavior of law enforcement entities much more than the goals at the other two levels. At the same time, the relevant law enforcement body takes part in their adoption in a dominant way. Thus, there is a risk that the law enforcement officer will have goals that will affect the effectiveness of his work and activities, which may differ from those goals that are prescribed at the level of conceptual or legislative acts.

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Law, teleology, goal in law, concept, legal policy, legislation, law-enforcement, subject of law-enforcement activity, methodology of law

Короткий адрес: https://sciup.org/142231596

IDR: 142231596   |   DOI: 10.37973/KUI.2021.96.91.004

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