Legal provisions in the mechanism of legal regulation
Автор: Vladimirova D.S.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 4 (65), 2021 года.
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This article examines the place of legal provisions in the mechanism of legal regulation, for which common and distinctive features of legal provisions and main elements of the mechanism of legal regulation are identified. The subject of the study is their functional relationship and interaction with each other. It is concluded that the legal provision, not being an obligatory element of the mechanism of legal regulation, performs an auxiliary function and exists in fact at all stages of the mechanism of legal regulation. Legal provisions acquire special importance at the stage of normative regulation of social relations, where they perform a subsidiary role in relation to a rule of law, and within the framework of law enforcement they are fixed in acts of law application. There is a special connection between legal provisions and legal awareness, their mutual influence on each other, as a result of which legal provisions can be considered as a formalized result of professional legal awareness.
Legal provision, interpretative norm, rule of law, interpretative act, mechanism of legal regulation, legal regulation, legal impact, interpretation of law, legal awareness
Короткий адрес: https://sciup.org/14123357
IDR: 14123357 | DOI: 10.47629/2074-9201_2021_4_13_18