About the essence of legal categories “legal status” and “legal position”

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The article examines the essence of the legal categories “legal status” and “legal position”, the meaning of which has not yet received precise regulatory regulation, and therefore disagreements arise between scientists about the application of such concepts in scientific circulation. To determine the meaning and correlation of these categories, it is proposed to resort to the philosophy of law and, in particular, to the comprehensive theory of law, which allows, on the basis of a universal method, to obtain objective and complete knowledge, without idealizing legal phenomena and without allowing the superiority of any legal theory. In its context, the essence of the legal status and legal position is revealed, according to which the legal position reflects the set of real rights, duties and responsibilities of the subject established by the rules of law, associated with specific legal facts that arise in the process of legal relations in everyday life, while the legal status is stable, legally enshrined character, representing a stable, static legal state and at the same time being the initial level of development of the legal position. In conclusion, the author comes to the conclusion that knowledge of the essence of a number of legal phenomena goes beyond the narrow legal understanding of it, therefore, to obtain complete and objective knowledge it is necessary to use a philosophical and legal approach.

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Philosophy of law, comprehend theory of law, laws of dialectics, legal status, legal position, legal epiphenomenon, law

Короткий адрес: https://sciup.org/14130306

IDR: 14130306   |   DOI: 10.47475/2311-696X-2024-41-2-5-8

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