Belyaeva, G.S. Legal regimes based upon advantages: on the issue of definition.

Abstract: The article for the first time in the legal literature provides an attempt of the general theoretical analysis of the contents and elements of legal regime based upon advantages. The author analyzes views in legal literature on nature and contents of legal regimes, establishing special advantages for certain subjects (privileges, benefits), characterizing its elements. The author also studies goals, specific features of legal provisions, principles, guarantees of these legal regimes. Attention is paid to the problem of lawfulness of legal regimes, which are based upon the advantages for certain categories of legal subjects and possible departures from the principle of general equality of persons in court and under the law. The article involves various general scientific techniques and methods of logical cognition: analysis, synthesis, abstraction, modeling, systemic structural, functional, formal logical approaches. The special methods involve specific sociological and statistical methods, and specific scientific methods include formal legal method, comparative legal method and method of interpretation of legal norms. As a result of the studies the author offers her own definition of a legal regime based upon the privileges. It is defined as a special order or legal regulation of the social relations, which is expressed by a certain combination of legal means – permissions (subjective rights, lawful interests, advantages, privileges, immunities, benefits, etc.), guarantees and principles, which are aimed at the formation of the beneficial conditions for the satisfaction of the interests of legal subjects and achievement of the optimum social situation.

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