Legal status and legal position of subjects of legal relationships in Russian legislation. Legal epiphenomenon
Автор: Sergey V. Butov
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Проблемы правопорядка: взгляд молодых исследователей
Статья в выпуске: 1 (36), 2023 года.
Бесплатный доступ
The article applies the problem of using such legal categories as “legal status” and “legal position” in Russian legislation. The author of the analysis of legal norms regulating approaches in Russian legislation to belonging and relations of the concepts of “legal status” and “legal position”. The author of the legislation that the current legislation of the Russian Federation does not provide a definition based on the law of legal categories such as “legal status” and “legal position”. The article presents the points of view of domestic jurists on the relationship between the concepts of “legal status” and “legal position”, which, as a rule, are completely similar or diametrically opposed. From the author’s point of view, the legal categories “legal status” and “legal position” are not identical and have different semantic meanings. At the same time, these categories are not opposed, but complement each other. The author of the article, expressing his opinion, proposes to introduce into scientific circulation such a category as “legal epiphenomenon”, which characterizes, on the one hand, the difference between the legal status and legal position, and, on the other hand, their similarity. The article emphasizes the need for further development of Russian legislation in the field of legal regulation of such legal categories as “legal status” and “legal position”, which should lead to a unified interpretation and more efficient use of these terms in law enforcement.
Legal status, legal position, correlation of concepts, legal relations, legal epiphenomenon
Короткий адрес: https://sciup.org/14125928
IDR: 14125928 | DOI: 10.47475/2311-696X-2023-10118