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Politics and Society
Reference:

Astemirova, L. A. Generally Permitted Type of Legal Regulation: the Place and the Role of Legal Presumptions

Abstract: The state policy of law is aimed at establishing legal basis of developing the society and the country. It is the policy of law which determines the methods and types of legal regulation. Totalitarian state is drawn to a centralized method of legal regulation with the firm regulation of all its components. Democratic rule-of-law state provides its entities with an opportunity for independent activity based on recognized by the government and formalized in legislation freedom of a civil law treaty. In this case active intervention of the government is limited by special legal mechanisms insuring realization of permits, on one hand, and prevention of violations, on the other hand. Legal presumptions are one way to do it. In this article legal presumptions are described from the point of view of their place in formation of a certain type of legal regulation. Key words: studies of law, policy of law, system of law, method of legal regulation, type of legal regulation, regulatory measures, general permits, legal presumptions, general prohibitions, permissions.



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