Legal Regime: An Interdisciplinary View
( Pp. 67-75)

More about authors
Malaya Tatiana Nickolaevna Cand.Sci.(Law), Associate professor, Associate Professor of civil law and process Department
National Research Ogarev Mordovia State University
Saransk, Russia Malyy Alexander Fedorovich Dr.Sci.(Law), Professor, Professor of constitutional and administrative law Department
Kazan (Volga) Federal University
Kazan, Russia
Abstract:
The article addresses issues of understanding such a legal construction as a "legal regime." The basis of any study, any discussion is uniformity in understanding the content of legal terms. When identifying the essence of a legal phenomenon, a process, it is important to define criteria that would make it possible to find a basis for their uniform understanding. The aim of the research is to identify possible approaches to understanding the legal construction of the "legal regime," to identify a criterion to show differences in understanding of the term "legal regime" and "legal status." The study is based on the views of law theorists, who laid the foundations of legal understanding. Attention is focused on the legislative use of the phrase "legal regime". The legislator, as a rule, uses the term "legal regime" in the meaning of a set of rules introduced in case of need of severe influence on public relations, special protection of the interests of subjects of law. It is noted that industry sciences have developed their own approaches to both the doctrinal understanding of the "legal regime" and the possibility of using this concept in legislative regulation. The legal construction "legal regime" has its own content, object of influence and limits of its use. These parameters give reason to distinguish between the "legal regime" of the concept of "legal status". Meanwhile, the branch sciences have developed their own approaches to both the doctrinal understanding of the "legal regime" and the possibility of using this concept in legislative regulation. The doctrine uses the legal regime in the sense of a set of rules introduced in case of need of a tough impact on social relations, special protection of the interests of subjects of law. These parameters give grounds to distinguish "legal regime" from the concept of "legal status".Attention is paid to understanding the object of the impact of the legal regime. By such objects, the authors mean property, territory, the interests of the state, society, and personality. The rationale for this understanding of the object is given.
How to Cite:
Malaya T.N., Malyy A.F., (2021), LEGAL REGIME: AN INTERDISCIPLINARY VIEW. Gaps in Russian Legislation, 7 => 67-75.
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Keywords:
Constitution, sectoral legislation, legal regime, legal status, object of law.


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