Feelings as a collisional factor of legal regulation
Автор: Akatov Alexander A., Filimonova Anastasia I.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 2 (63), 2021 года.
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The subject of this work is feelings that are directly or indirectly mentioned in legal norms, which subsequently lead to the appearance of obvious destructive contradictions in the legal system, called conflicts. In this article, through the analysis of the current legislation, the authors prove the determinative nature of feelings for conflicts, and conclude that the law can carry a subjective color, due to the presence of the human factor in its creation, since it is considered to be due to the phenomenon of legal feelings that somehow correspond to the culture of a particular society at a certain stage of its development. Also in this work, the authors, as a result of the analysis of the legislation, proved the existence of a conflict between the first part of Article 148 of the Criminal Code of the Russian Federation on insulting the feelings of believers with some articles of the Constitution of the Russian Federation and the Administrative Code. Methods are proposed to eliminate the identified problem or to smooth out undesirable consequences arising from the enforcement of this conflict of laws rule of the Criminal Code of the Russian Federation.
Collisions, feelings, law, norm, classification, constitution, criminal code, administrative code
Короткий адрес: https://sciup.org/14120383
IDR: 14120383 | DOI: 10.47629/2074-9201_2021_2_6_10