SUMMARY OF RIGHTS
( Pp. 40-42)

More about authors
Bekbaev Erzat Zeynullaevich kand. yurid. nauk. Dolzhnost: nauchnyy sotrudnik
Legislation institute of Kazakhstan republic
Abstract:
Recently, a special importance is the need to form a new theoretical and methodological approaches to the definition of law in the context of large-scale ongoing and dynamic changes in legal thinking in the Republic of Kazakhstan and the world at large. Relevance of the topic is not in doubt. On the definition of the essence of law in the scientific literature presented different interpretations of the legal theory, both past and present. Particular theoretical legal significance is the problem of the possibility and the need for legal doctrine, based on the integration of different types of law, which will focus on contemporary society. The task of the article the author sees in the refinement of scientific knowledge about the nature of law. To solve the problem indicated by the author of the method of structural and system analysis, abstraction, classification, the transition from general concepts to specific. It is shown that reliably identify and fix the properties and features of the law, expressing its essence, can only be provided if you have previously received a complete and thorough knowledge of the law as a special subject of scientific knowledge. To create the required legal scholars "chelovekotsentristkoy" scientific legal theory proposed in modern science theory of law to implement universal logical principles of scientific theories developed in the science of science. The author justified the decision problem of determining the nature of the law in two stages: first select all the signs right, then on the basis of selection of the most significant of them develop a definition of the essence of law. Showing the advantages and disadvantages of existing science concepts proposed and justified the author's approach, defining the essence of modern domestic legal doctrine novelty of the present article is that the analysis of the existing theoretical approaches to the definition of the rights represented by the original method of determining the nature of the law based on the extraction of essential features. Value of the work is the increment of new scientific knowledge about the law, which can be used in the preparation of teaching and learning materials in the field of legal education.
How to Cite:
Bekbaev E.Z., (2014), SUMMARY OF RIGHTS. Gaps in Russian Legislation, 4 => 40-42.
Reference list:
Logika. /pod red. D. P. Gorskogo i P. V. Tavantsa. M.: gos. izd. polit. lit-ry, 1956, - 282 s.,
Maksimov G. B. Osobennosti obydennoy pravovoy otsenki (Voprosy teorii gosudarctva i prava) // Biznes v zakone, № 1, 2013
Problemy obshchey teorii prava i gosudarstva: Uchebnik dlya vuzov / Pod obshch. red. akademika RAN, d. yu. i., prof. V. S. Nersesyantsa. - M.: Norma, 2004. - 832 s.
Entsiklopediya prava: Ucheb. posobie (M. KH. KHutyz, P. N. Sergeyko) Kuban. gos. un-t, 1995. - 158 s.
Keywords:
right, definition of law, the essence of law, legal theory, the principles of knowledge.


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