Open AccessThe Specifics of the Legal Regime of the Civil Legal Relations Objects Functioning (Theoretical Aspect)
Author(s) -
Д. С. Терещенко
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.112.3.136-144
Subject(s) - legislature , legal research , political science , phenomenon , legal formalism , legal profession , consolidation (business) , meaning (existential) , law , empirical legal studies , law and economics , epistemology , sociology , private law , comparative law , business , black letter law , philosophy , accounting
The paper analyzes the current state of development of the concept of the legal regime and its features in the legal literature. It is indicated that the key phrase “regulatory procedure” is not fully consistent with the definition of the legal regime. Wider approaches to understanding the phenomenon of the concept of “legal regime” in the form of a functional characteristic of the operation of law are proposed. It is noted that to describe the features of the legal regime, researchers often and haphazardly use individual qualitative characteristics that do not fully reveal the meaning of the definitions of both the legal regime and its individual attributes. The author clarifies the difference between the characteristics of “special” and “particular”, “specialized” and “specific” in relation to civil legal relations. The conclusion is drawn on the need for legislative consolidation of the revealed differences and the establishment of two types of legal regimes — the legal regime of activity and the legal regime of the operation of an object. Based on the conducted structural study, the author formulates the definitions for the legal regime and civil law regime.