Open AccessThe Problem of Legal Regulation of Claims
Author(s) -
Igor Igorevich Mazurov
Publication year - 2019
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18497
Subject(s) - legal research , legal profession , empirical legal studies , legal opinion , legal realism , political science , law , legal practice , legal formalism , business , law and economics , private law , sociology , black letter law , comparative law
Legal practice is characterized by cases when legal regulation does not achieve its goals in view of ignoring the claims of legal actors. The article searches for ways to solve this problem. The concepts of legal regulation and legal impact are distinguished in the context of their connection with the mechanism of legal claim and the mechanism of its implementation. The main features of legal regulation of legal claims, which are largely due to the nature of the nature of legal claims, are highlighted. The content of legal claims in this case is the main subject of legal impact, while the object of legal regulation are social relations. Legal regulation of legal claims is carried out indirectly, that is, through the creation, modification or cancellation of the conditions for the recognition of their content as legal. The main legal form of recognition of legal claims is their formal legal recognition by authorized state bodies and officials. The conditions for recognizing legal claims presuppose, first of all, the formalization of a person’s legal qualities - legal capacity and legal active capacity, securing the status of a subject of law for a person. In the next turn, the conditions for the recognition of legal claims, in order to ensure acceptable and the most optimal models of social interaction, provide as one of the tools of legal regulation of the relevant subjective rights and legal obligations. At the same time, the excessive complexity of the procedure for the implementation of legal claims creates conditions for illegal ways to ensure the needs and interests. It underlines the pattern of strengthening the degree of legal influence on a legal actor if the subject of legal regulation and the subject of formal legal recognition of legal claims are united in the person of one state body or official.