The Imposition of Obligations as a Method of Constitutional and Legal Regulation: Concept, Types, Techniques of Formulation
Автор: Minnikes I.A.
Журнал: Legal Concept @legal-concept
Рубрика: Теория и практика государственно-правового развития
Статья в выпуске: 4 т.24, 2025 года.
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Introduction: the paper analyzes the imposition of obligations as a method of constitutional and legal regulation. The subject matter of constitutional and legal regulation determines its special place within the system of legal regulation. This inevitably affects the methods of constitutional and legal regulation. Methodology: using the formal-legal method of research, the general features inherent to all legal duties and the specific features of constitutional and legal duties that reflect their specific characteristics are identified. As a result, while examining the types of legal duties, existing classifications in both general theory of law and constitutional law are reviewed. A slightly different approach is proposed - to analyze constitutional duties from the perspective of legal technique, focusing on how the legislator formulates and articulates a constitutional duty. A clarification is made regarding the normative framework of the study. The analysis does not cover all Russian constitutional legislation but only the text of the current Constitution. Hence, the question is framed as “constitutional and legal obligations” rather than “obligations in constitutional law.” The latter phrase would imply the inclusion in the study’s normative framework of numerous federal constitutional laws, federal laws, as well as constitutions (charters) and laws of the federal subjects. The conducted legal-technical analysis allows for proposing, in addition to the existing classifications…. Conclusions: it is concluded that when establishing a constitutional and legal obligation, the legislator uses various terms that carry a general semantic load. The choice of the term depends on many circumstances - these include the specifics of constitutional and legal relations, the nature of the subjects’ activities, a combination of political, economic, social factors, and a whole range of other circumstances.
Constitution, methods of constitutional and legal regulation, the imposition of obligations, legal technique, legal terminology
Короткий адрес: https://sciup.org/149150012
IDR: 149150012 | УДК: 342 | DOI: 10.15688/lc.jvolsu.2025.4.2