On the relationship of the concepts of “legal status” and “legal position” as independent legal categories
Автор: Butov S.V., Lysenkov S.G.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Общие вопросы теории права. История правопорядка
Статья в выпуске: 4 (35), 2022 года.
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The article is devoted to the problems of understanding the essence and content of such legal categories as “legal status” and “legal position”. The authors, analyzing approaches to the definition and correlation of the concepts of “legal status” and “position”, as well as related categories, offer their vision of this problem. Particular attention is paid to the consideration of the points of view of domestic jurists, who distinguish between “legal status” and “legal position” and consider them as independent legal categories. The attitude of the legislator to the ratio of these categories is revealed. The authors note that in modern legislative acts there is no legal interpretation of the concepts of “legal status” and “legal position”. According to the authors, the conceptual categories “legal status” and “legal position” are not identical and have different semantic meanings. At the same time, these legal categories are not opposed, but complement each other. The article focuses on the need for a clear legal regulation of the concepts of “legal status” and “legal position” in order to ensure a unified interpretation and effective law enforcement. The article notes that the difference in legal status and legal position is due to socio-economic, historical, political and other factors.
Legal status, legal position, legal regime, legal mode, correlation of concepts, legal relations
Короткий адрес: https://sciup.org/14125254
IDR: 14125254