Subjects and their interests in the legal space

 
PIIS102694520021006-7-1
DOI10.31857/S102694520021006-7
Publication type Article
Status Published
Authors
Occupation:  Deputy Head of the Center for Public Law Studies
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation,
Journal nameGosudarstvo i pravo
EditionIssue 7
Pages7-21
Abstract

The article is devoted to the analysis of complex state-legal processes in conditions of global instability. The observed changes indicate the difficulties of using objective laws and sometimes arbitrary pressure of interests on the vital activity of subjects of law. Therefore, it is important to analyze the creative potential of law, which allows overcoming the difficulties of social development. This refers to the anticipatory impact of the law on the ongoing processes in the interests of civil society, the state, the individual and the citizen. Emerging contradictions between the interests of subjects reduce the potential of law. This is especially noticeable in crisis situations. We have to change legal regimes, restructure the activities of bodies and organizations, and adopt operational acts. This requires the development of mechanisms for the correct reflection of different social interests and the organization of coordinated activities of legal entities and citizens. Taking into account internal and external factors, there is a change in the structure of law. To a large extent, they are caused by digitalization and the transition to big data management, which makes it possible to expand and improve the quality of the information base of legal decisions, more accurately calculate the options for the activities of subjects and the consequences of the implementation of legal acts. Changes in the systematics of law are inevitable, which make it possible to strengthen its impact on people's lives and activities. The interaction of branches of law and legislation is intensifying, and such a new phenomenon as regulatory and legal complexes is emerging. This ensures a combination of different legal regulators to solve strategic and tactical tasks. This facilitates the adaptation of new industries and institutions of legislation in the conditions of rapid scientific and technological development. On this basis, favorable conditions are created for the formation of legal goals for the development of the state. The quality of goal setting should be organically linked to the management cycle in order to achieve them and obtain high final results. Manageability becomes an important criterion for evaluating the ratio of goals, actions and results. It is necessary to improve the work of public and other social institutions. In this regard, the active role of the state as a universal political-governing system operating on the basis of the mandate of society is analyzed, the inevitability of restructuring in the system of public power, in its relations with business and other institutions is stated. The article uses a methodology for evaluating the effectiveness of public bodies, on the one hand, and a methodology for evaluating the operation of the law and other acts, on the other. These elements are connected with the acts of a legal person and social communities. This allows you to evaluate the real effectiveness of management. At the same time, a conflict of interests is inevitable, within which legal conflicts and acute socio-legal conflicts arise. They are based on stable or mobile interests of subjects that sometimes clash with each other. The phenomenon of the “right of force” becomes particularly acute when unlawful interference in the affairs of other States is allowed under the guise of any norms and their arbitrary interpretation. Therefore, an urgent task is to develop ways to strengthen trust and coordination of actions between subjects, the use of institutions of intermediaries and mediators, as well as the potential of soft law. At the same time, the institutions of responsibility should be applied on a solid legal basis. The article is based on the methodology of the continuing continuity of legal development and new turns in the mechanisms of legal regulation. The experience of law-making and law enforcement is summarized. The latest scientific literature and materials of scientific conferences and seminars were used.

Keywordssubject of law, legitimate interest, state, legal goals, manageability in society, conflicts of interests, crises, law of force, digitalization, systematics of law, advanced development of law
Received20.04.2022
Publication date25.07.2022
Number of characters55387
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1. Behmann G. Modern society: risk society, Information Society, Knowledge Society. M., 2020 (in Russ.).

2. Bogdanov A.A. Tectology: general organizational science. 6th ed., cor. and additional. M., 2019 (in Russ.).

3. Galuzo V.N., Kanafin N.A. Digital Law in the Russian Federation: nonsense or reality? // Law and the state: theory and practice. 2018. No. 8. P. 118–125 (in Russ.).

4. Zorkin V.D. Law against chaos. M., 2018 (in Russ.).

5. Interpretation and application of big data in jurisprudence and legal practice / scientific ed. Yu. A. Tikhomirov. M., 2021 (in Russ.).

6. Mal’ko A.V., Afanasyev S.F., Borisova V.F., Krotkova N.V. Review of the methodological seminar on “Digital law: research methodology” (April 18, 2019, Saratov State Law Academy, Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences) // State and Law. 2019. No. 8. P. 122 - 128. DOI: 10.31857/S013207690006253-0 (in Russ.).

7. Legal space: boundaries and dynamics / ed. Yu. A. Tikhomirov. M., 2019 (in Russ.).

8. Legal space and man / res. eds. Yu. A. Tikhomirov, E.V. Pulyaeva, N.I. Khludeneva. M., 2012 (in Russ.).

9. Legal problems of sustainable spatial development of the CIS member states / res. eds. E.A. Galinovskaya, M.V. Ponomarev. M., 2022 (in Russ.).

10. Lawmaking in the XXI century: the evolution of doctrine and practice (to the 90th anniversary of the birth of A.S. Pigolkin): collection of scientific articles / T. Ya. Khabrieva, V.V. Lazarev, V.R. Avkhadeev et al.; ed. V.V. Lazarev. M., 2022 (in Russ.).

11. Problems of improving governance in conditions of global instability (international, domestic, regional and local levels): annual scientific report of the Center for Research on Problems of Territorial Governance and Self-Government. Prepared jointly with the Center for Integrated European and International Studies of the Higher School of Economics, with the participation of specialists from the Institute of Legislation and Comparative Law under the Government of the Russian Federation / ed. by V.V. Balytnikov. M., 2021. URL: https://ciptus.mgou.ru/upload/iblock/029/Doklad-2021.pdf (in Russ.).

12. Public and private interests in Russian legislation / res. ed. Yu. A. Tikhomirov. M., 2005 (in Russ.).

13. Register of powers of federal executive authorities: expert systematization and analysis of activities. M., 2010 (in Russ.).

14. Regulatory policy of the Russian Federation: legal problems of formation and implementation / ed. col.: A.F. Nozdrachev, S.M. Zyryanov, A.V. Kalmykova. M., 2022 (in Russ.).

15. Symbolokov O.A. Contracts in the electric power industry: problems of theory and practice. M., 2021 (in Russ.).

16. Tikhomirov Yu. A. State. M., 2013 (in Russ.).

17. Tikhomirov Yu. A. Dynamics of competencies of public authorities in normal and critical situations // Journal of Russ. law. 2021. No. 3. P. 5 - 16 (in Russ.).

18. Tikhomirov Yu. A. About the new “Spirit of laws” or ... goodbye, Montesquieu? // Comparative Constitutional Review. 2011. No. 2. P. 97–104 (in Russ.).

19. Tikhomirov Yu. A. Law: traditions and new turns. M., 2021 (in Russ.).

20. Habermas Yu. Involving the Other. Essays on political history. M., 2008 (in Russ.).

21. Habermas Yu. Structural change of the public sphere. M., 2016 (in Russ.).

22. Yuzhakov V.N., Dobrolyubova E.I., Tikhomirov Yu. A., Starostina A.N. The quality of Russian public administration: problems and proposals. M., 2022 (in Russ.).

23. Yuzhakov V.N., Chereshneva I.A. Ensuring fundamental human rights in data processing in public administration. M., 2022 (in Russ.).

24. Legal conflict / res. ed. Yu. A. Tikhomirov. M., 2017 (in Russ.).

25. The emergence of global Administrative Law / School of law, Duke University, Vol. 68, Summer/Autumn. 2005, No. 3, 4.

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