“Quota” as a legal category: definitive and substantive aspects

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Introduction: The author attempts to treat the quota as a legal phenomenon from the perspective of the legal category, that is, the most general concept of jurisprudence, reflecting the essential connections and characteristics of phenomena covering such types of legal regulation as general and restrictive. Article purpose is to lay the foundation for a scientific discussion of rather theoretical perception of a quota representing, on the one hand, the sphere of creation of additional opportunities for participants of the public relations, and, on the another hand, the control (restrictions, limits, limits) assuming introduction of various means. With a certain degree of probability, this encourages steps to unify Russian legislation using the institute of quotas, as well as to bring to uniformity, to specify the normative provisions implementing the potential of quota allocation. Materials and Methods: general-theoretic analysis of the concepts of “quota”, privilege, “reservation”, a set of dialectical and systemic methods of research, formal-legal approach, methods of interpretation and interpretation. Results of the Study: the hypothesis is put forward: despite the fact that the content of the quota is covered by the category “privilege”, it nevertheless has distinctive signs from other varieties of the latter, as well as from related legal phenomena: benefits, incentives, etc. Findings and Conclusions: on the basis of a study of the provisions of legal doctrine, legislation and law enforcement practice, the concept of “quota” is defined, the characteristics that distinguish it from related categories are identified, and measures are proposed to reduce the degree of autonomy in the sphere of quota allocation.

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Quota, reservation, privilege, exemption, limit, restriction

Короткий адрес: https://sciup.org/143173237

IDR: 143173237   |   DOI: 10.24411/2312-3184-2020-10053

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