On the ratio of categories "mechanism of legal regulation" and "legal technology"
Автор: Senin Igor N.
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Теория и история права и государства, история учений о праве и государстве
Статья в выпуске: 1 т.17, 2020 года.
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The article analyzes the legal means that are elements of both the mechanism of legal regulation and legal technology, their characteristics are given, its purpose is indicated. The legal regulation of public relations is considered not only as a static phenomenon, but also as a dynamic process, showing a phased movement from one element to another in their interaction, starting with lawmaking and ending with the achievement of the goal of legal regulation, which consists of the formation and strengthening of law and order in society. A model of the mechanism of legal regulation as a set of combined legal means at all stages of the legal regulation of public relations, including lawmaking, legal relations and the implementation of law, is proposed. The types of legal technology are considered. It is shown with the help of which techniques and means various legal technological operations and actions are carried out, forming the sum of technologies for creating legal documents and implementing legally significant acts and procedures. This is about the same legal means that are elements of a legal regulation mechanism. And here the categories of “legal technique” and “legal regulation mechanism” partially coincide. In this regard, the relationship between the categories of legal technology and the legal regulation mechanism is formulated, in which the legal regulation mechanism is general and the legal technique is private.
Government, law, regulation, legal regulation mechanism, legal means, legal technology, rule-making, enforcement, rule of law, regulatory legal act
Короткий адрес: https://sciup.org/143170968
IDR: 143170968 | DOI: 10.19073/2658-7602-2020-17-1-17-21