Priority duty as a general legal phenomenon

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The article attempts to substantiate the existence of priority duty as a legal phenomenon. The analysis of legislation and judicial practice on the use of the lexeme "priority duty" is carried out. The author defines the interconnection of senior duty with such phenomena as "legal status of person", "subjective rights" and others. Inadequate elaboration of some special legal phenomena in state-legal science has been revealed, including those, concerning fixing and realization of legal obligation, necessity of which fulfillment differs from the generally established level by urgency, priority and importance for the state and society. Theoretical development of concept, essence of priority duty, we believe, will contribute to deeper understanding of basic principles and regularities of development of legal state, development of scientifically grounded legal institutes, development of interaction of civil society with apparatus of power. Materials and Methods: The methodology of the work includes the use of general scientific and private scientific methods, including: logical method, method of system analysis, historical, information-analytical, formal-legal, as well as methods of generalization and description of the data obtained. The results of the study: made it possible to identify the signs inherent in priority duty, to reveal the significance and perspective of the scientific development of the phenomenon of priority duty both in theoretical and practical aspects. Findings and Conclusions: the priority duty, existing in practice as a legal phenomenon, needs further theoretical development, as well as explanation in practice for direct implementation by subjects, in order to comply with the principles of the rule of law and democracy approved by the state.

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Egal duty, legal priority, priority duty, legal status of the individual, legal advantages, human rights

Короткий адрес: https://sciup.org/143179538

IDR: 143179538   |   DOI: 10.55001/2312-3184.2022.56.98.003

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