PII | S013207690002073-2-1 |
DOI | 10.31857/S013207690002073-2 |
Publication type
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Article
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Status
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Published
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Authors |
Affiliation: Ural state University of law
Address: Russian Federation, Yekaterinburg
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Journal name | Gosudarstvo i pravo |
Edition | Issue 10 |
Pages | 50-60 |
Abstract | The subjective scope of the article focuses on the study of the widespread but little studied phenomenonof the "gist of the legislative act" in the jurisprudence. To highlight the causes, major characteristics, concepts, development of a generalized theoretical model of the category of meaning of the law, as well as understanding the place and role of this category in state-legal practice are the purpose of this article. Complex philosophical, scientific and specially scientific means of cognition are methodological basis of the article. Selected determinants, the features set forth dogmatic concept, and developed a General theoretical model of the meaning of the law are the main results of the study. The gist of the legislative act is defined as objective an essential characteristic of the underlying its normative content, reflecting the main approaches of legal regulation of social relations and guiding the application of laws (law enforcement) activities in socially significant direction is in the first part of the article (dogmatic understanding). By the application of the author's research method was grounded model of the meaning of law in the system of categories theoretical-methodological science is in the second part of the study (theoretical understanding). "Dogmatic", "formal" and "substantive" are in the article discusses 3 obstacles. In each of these conventional obstacles the author tries to determine the location of the meaning of the law. The gist of the legislative act is the concept formed under the legal doctrine, reflecting the main purposes, objectives and policies for the development of state and society is thestudy is the final conclusion. The scope of the results determined by the special legal nature of this article. Obtained as a result of this study, the results can be used for different types of legal activities and to serve as methodological foundations of analytical jurisprudence in the implementation of the legislative process and application activities. |
Keywords | legislative act, gist of the legislative act, the essence of the law, the purpose of the legislative act, the idea of the law, the assignment of the legislative act, the interpretation of the law, the legal qualification, gap in the law, the analogy of law |
Received | 14.11.2018 |
Publication date | 14.11.2018 |
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