Belyaeva, G.S. On the issue of definition of legal regime.

Abstract: The article provides for the existing scientific legal approaches towards the definition of “legal regime”, allowing for the formation of an unified definition. The author studies the etymology of the term “regime”, its evolution from the formation of this category in the works of the philosophers of the Antiquity to its further development in the works of foreign and Russian scientists. The author establishes and provides characteristics of the specific elements of the legal regime: obligatory normative legal provision; specific goal, special procedure of regulation; formation of favorable (non-favorable) conditions for the realization of the interests of the legal subjects; systemic and complex character; specific structure of legal regime. In the process of studies the author used general scientific means and methods of logical cognition (analysis, synthesis, abstraction, modeling, systemic structural, functional and formal logical approaches). The complex theoretical and a applied interdisciplinary approach towards the studies of legal regimes required the need for the systemic method, and within its framework the author implemented integration of the theoretical abstract provisions enshrined in the current legislation, empirical materials, legislative and lawenforcement practices. This article is of general theoretical conceptual character, it is a complex interdisciplinary study, which is aimed at the development of the general theory of legal regime and at the improvement of its efficiency. In the process of writing this article the author provides comparative analysis of scientific approaches towards understanding of nature and contents of the “legal regime” category, and based on the above the author develops and provides an unified definition of a legal regime, then she singles out and characterizes the specific features, allowing for the interpretation of the legal regime as an independent legal category.

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