Polyvariety of the Structure of the Normative Element in the Mechanism of Legal Regulation of Civil Relations: Theoretical Aspect

Поливариативность структуры нормативного элемента в механизме правового регулирования гражданских отношений: теоретический аспект

Anatoliy Kostruba and Elena Yu
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Anatoliy Kostruba: Vasyl Stefanyk Precarpathian National University

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Abstract: The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms with the help of which social relations are regulated. The author argues about the variability of the normative element of the mechanism under consideration, since it is not always possible to include the multiplicity of parameters that form its content and essence exclusively into the content of a legal norm. It is argued that the rule of law is not the main element of the mechanism of legal regulation through which relations between members of the society are being regulated. The corresponding regulatory influence is ensured with the help of individual regulators that have a different legal nature due to their limited, personalized obligatoriness. The author proves that, along with a legal norm, an individual normative prescription acts as a legal means of ensuring the operation of the mechanism of legal regulation of social relations, and its form is represented by alter-normative regulators (contract, custom). In addition, along with normative and alter-normative regulators, super-normative (principles of law) and quasi-normative (judicial acts) are highlighted.

Keywords: mechanism of legal regulation of social relations; normative construct; Contract; Custom law; principles of law; Rule of law; judgment; Legal regulation; rule of law; private right; Public law; Legal impact; Social regulation; analogy of law; Contract Law; норма права; Коструба; Аналогия права; Правовое регулирование (search for similar items in EconPapers)
Date: 2021-07-22
New Economics Papers: this item is included in nep-isf
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Published in Актуальные проблемы российского права, 2021, 16 (7), pp.23-31

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