Manipulation by means of legal goals and instruments in the process of realization of law: concept, content, results

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The subject of this article is the manipulation by means of legal goals and instruments in the process of realization of law - a form of lawful behavior that remains practically unexplored in modern Russian legal science, despite the fairly widespread use of manipulative technologies in the legal regulation of social relations. The main attention is paid to the nature, content and features of the manipulation by means of legal goals and instruments in the process of realization of law, as well as to the correlation between this type of manipulation and the effectiveness of lawmaking. The position is defended, according to which the manipulation by means of legal goals and instruments should be considered as a form of lawful behavior carried out with the help of hidden tactics or strategy, which consists in setting or using legal goals, as well as in creating or applying legal means in the interests of the subject of management (manipulator) contrary to the true needs and interests of the control object (manipulated). The author explores the specific features of the manipulation by means of legal goals and instruments in the process of all forms of realization of law - adherence to law, fulfillment of law, enjoyment of law, and enforcement of law, emphasizing their interdependence and the fact that manipulation in the process of any form of realization of law can significantly transform and distort the entire process. The key results of the manipulation by means of legal goals and instruments in the process of realization of law are analyzed, which boil down to the fact that the realization of law from the necessary and socially conditioned process of transforming the prescriptions laid down in legal norms into the behavior of subjects of law becomes only a means of realization of the interests of a certain group of persons, artificially constructed, mechanical process of coordinating the behavior of participants in legal relations.

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Manipulation, legal goal, legal means, legal regulation, realization of law, adherence to law, fulfillment of law, enjoyment of law, enforcement of law, interest, lawmaking

Короткий адрес: https://sciup.org/14125251

IDR: 14125251

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