Problems of determining the content of the legality of behavior

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The article is devoted to the study of the content of the concept of «lawful behavior». Despite the fact that the term is actively used in scientific sources and has applied meaning, the criteria for defining behavior as lawful have not been defined normatively so far, which indicates the lack of elaboration. The problem of determining the content and criteria on the basis of which it can be established is due to the fact that, lawfulness can be considered in a narrow and in a broad sense. At the same time, there is a certain boundary beyond which the behavior is already defined as unlawful. Illegality, in its essence, is either non-compliance with the rules of law or a direct violation of the established at the normative level prohibitions. With respect to lawfulness there are no such boundaries. A related problem is the problem of differentiating the abuse of law from lawful behavior. The distinction is necessary because the abuse of right is not only condemned by society, but also involves the possibility of negative assessment by the state, the consequence of which is the denial of the right protection. According to the results of the study the formulation of the content of lawful behavior as a legal term is proposed.

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Lawful behavior, unlawful behavior, abuse of law, legal regulation, rules of law

Короткий адрес: https://sciup.org/14128532

IDR: 14128532   |   DOI: 10.47629/2074-9201_2023_3_21_24

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