Open AccessDUALISTIC LEGAL REGULATION OF ACQUIRED SUBJECTIVE HUMAN RIGHTS IN THE RUSSIAN FEDERATION
Author(s) -
Nikolay Ivanovich Polishchuk,
Nikolay I. Petrenko,
Oleg Gennadievich Kovalev,
А А Орлова,
Elena Aleksandrovna Aleksandrova
Publication year - 2020
Publication title -
humanities and social sciences reviews
Language(s) - English
Resource type - Journals
ISSN - 2395-6518
DOI - 10.18510/hssr.2019.76176
Subject(s) - legislation , russian federation , political science , law , constitution , legal certainty , clarity , law and economics , originality , sociology , biochemistry , chemistry , regional science , creativity
Purpose of the study: This article analyzes dualistic approaches to the determination of legal facts that grant citizens of the Russian Federation subjective rights. It is obvious that the concept of birth is still not specified in the existing Russian legislation. Different norms of the modern Russian legislation associate the legal fact of birth with the criterion of live birth. An embryo (fetus) cannot have a complex of general civil rights until the time of live birth.
Methodology: The authors of the article have compared this constitutional directive with existing rules of other branches of Russian law and revealed a completely opposite situation.
Main Findings: Of course, the existing discrepancies in certain legal acts that regulate the same or related social relations represent a classical legal conflict. Moreover, partial contradictions in the Russian legal system are caused by the fact that many sectoral norms conflict with the Constitution.
Novelty/Originality: Legal certainty is a basic and system-forming principle that dialectically complements and develops other general-legal, intersectoral and sectoral principles, justifies their functional necessity, determines the accuracy and clarity of legal instructions, established order and limits their actions.