Limits of individual legal regulation: new aspects of the problem
Автор: Minnikes I.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Теоретико-исторические правовые науки (юридические науки)
Статья в выпуске: 2 (105), 2023 года.
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Introduction: The article attempts to analyse some new approaches to the definition of the limits of individual legal regulation. Given the multidimensionality of the problem, attention is paid to such aspects as clarification of the limits of law interpretation in the process of individual legal regulation and the impact of the process of personification in law on the limits of individual legal regulation. It is argued that the ambiguous processes taking place in changing the structure and scope of legal regulation and the emergence of new relationships that have not previously been the subject of legal regulation force attention to this problem again. Materials and Methods: The methodological basis of the study is provided by the general dialectical method of scientific cognition combined with the method of formal legal analysis and other special legal methods. The Results of the Study: based on the analysis carried out, it is concluded that the recognition of law - making powers by judicial authorities entails the expansion of the limits of individual legal regulation in the process of interpretative activity, when the limits of individual legal regulation can be clarified. In addition, the theory of personalized law, which is gaining popularity, also makes a serious contribution to a new vision of the limits of legal regulation. Findings and Conclusions: The legal constructs established in general legal theory concerning the limits of individual legal regulation are in great need of rethinking and the use of new methods of knowledge to obtain more adequate research results.
Legal regulation, individual legal regulation, limits of legal regulation, limits of interpretation of law, legal personification
Короткий адрес: https://sciup.org/143180724
IDR: 143180724 | DOI: 10.55001/2312-3184.2023.26.37.001