Особенности механизма правового воздействия
Specifics of Legal Effect Mechanism
Author(s): Ekaterina ShcherbakovaSubject(s): Philosophy of Law, Sociology of Law
Published by: Казанский (Приволжский) федеральный университет
Keywords: legal effect; mechanism of legal effect; legal means; structure; concept;
Summary/Abstract: The importance of studying law as one of the most efficient means of social control and regulation has been raised in the paper. Solving this problem requires understanding the mechanism by which law influences society and people. The aim of the study is to develop a concept of phased action of the mechanism of legal effect as of a separate and individual phenomenon of the legal reality. To achieve the aim of the study, the following research methods have been used: analysis, synthesis, and systematization. Legal effect has been considered as one of the most complex and little known phenomena in jurisprudence, i.e., in the theory of state and law, and distinguished from the similar legal category of legal regulation. The paper analyzes different views on the mechanism of legal effect. Thus, this concept has been defined. Its essence and characteristics have been revealed. Such characteristic of the mechanism of legal effect as dynamics has been discussed in detail. Various forms of legal effect have been analyzed. Furthermore, key elements in the structure of the concept under study have been investigated. The main phases of legal effect have been singled out. Their order and legal means used at each stage have been found.
Journal: Ученые записки Казанского университета. Серия Гуманитарные науки
- Issue Year: 159/2017
- Issue No: 2
- Page Range: 363-372
- Page Count: 10
- Language: Russian