Classification of legal regimes: theoretical approaches and tendencies of modern legislative regulation
Автор: Ivanova E.L.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Публично-правовые (государственно-правовые) науки (юридические науки)
Статья в выпуске: 3 (114), 2025 года.
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Introduction. In the last five or six years, new special legal regimes have received legislative formalization, the answer to the question of their branch affiliation does not always have an unambiguous answer, despite the fact that in legal science, back in the Soviet period of its development, a criterion for classifying legal regimes by branch was developed. In order to identify the causes of such uncertainty, as well as the need to eliminate it, the author conducted a comparative analysis of the well-established regulatory regulation of individual legal regimes and recent trends in the legal design of special legal regimes, which showed the controversial and problematic application in modern realities of the theoretical classification of legal regimes by the criterion of their industry affiliation. Materials and Methods: The study used general scientific and specific scientific methods, which allowed the authors to reveal approaches to understanding legal regimes and their sectoral affiliation. The study was based on the Constitution of the Russian Federation and federal laws that regulate the establishment and operation of specific legal regimes. The study was based on the general dialectical method, the methods of deduction and induction, the formal legal method, and the method of comparative legal studies. The results of the study made it possible to prove the intersectoral nature of a significant part of the legal regimes. Based on recent changes in federal legislation, a classification of legal regimes is proposed depending on the subjects in respect of which they can be established. The author's theoretical proposals are supported by references to specific provisions of federal legislation. Conclusions and conclusions: from a theoretical and methodological point of view (due to the fact that the scope of legal norms governing any legal regime may include norms of various industry affiliations), the recognition of this thesis raises the question of the logical validity of the existence of a classification of legal regimes depending on their industry affiliation. On the practical side, the recognition of the fact that there are no purely «sectoral legal regimes» at the present stage of Russian legal science makes it possible to substantiate the emerging vector of development of legislation regulating public law0,74
Legal regime, special legal regime, constitutional legal regime, administrative legal regime, expulsion regime
Короткий адрес: https://sciup.org/143184910
IDR: 143184910 | УДК: 342.9