Problems of determining the content of the lawfulness of behavior

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The article addresses the content of the concept of “lawful behavior”. Despite the fact that the term is actively used in scientific sources and has an applied meaning, the criteria for defining behavior as lawful have not been specified normatively so far, which indicates the lack of the question 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. The study of the concept of legality remains relevant due to the constant transformation of the concept of proper behavior and the establishment of its boundaries as the basis of legal regulation. The purpose of this study is to identify the problems preventing the doctrinal and normative definition of the concept of legality as a key to the formation of legal norms. According to the results of the study, it was concluded that the main criterion on the basis of which the behavior is assessed as lawful is the presence or absence of legal norms. In the absence of direct prescriptions of relatively correct behavior and the definition of what behavior is illegal, the behavior should be considered as neutral. According to the results of the study, the formulation of the content of lawful behavior as a legal concept is proposed.

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

Короткий адрес: https://sciup.org/148327876

IDR: 148327876   |   DOI: 10.18137/RNU.V9276.23.04.P.106

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