principle of law
Criteria for the Classification of Legal Principles: Substantive, Normative and Functional Approaches |
Introduction. In article various approaches to classification of the principles of the right from positions of constitutional and legal regulation are considered. Theoretical analysis. On the basis of the analysis of various points of view the author comes to a conclusion that use of subject, standard and functional criteria to classification of legal principles is possible. The first is the cornerstone of traditional classification of the principles of the right depending on the sphere of their action or distribution. The second represents attempt to differentiate legal principles depending on a source of their standard fixing. The author considers a question of validity of legal principles. The principles of the right in difference from norms – rules of conduct don’t assume a binary way of permission of the competition between them in favor of one of them. Possible collisions of legal principles are resolved on the basis of search of balance of various imperatives. Results. On the basis of stated in article differentiation of the principles of the right by function – system and tool is offered. The first are emerdzhentny characteristics of legal institutes, branches of the right and the system of the right in general (depending on their level) and make impact mainly on the system of the corresponding precepts of law (principle beginning). The second function in legal system as direct criteria of law-enforcement activity and act as determinants of such activity (the principles – rules of conduct). |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2018. vol. 18, iss. 3 |
The Principle of Priority of Protection of Land as a Component of Environmental Environment before it Can Be Used as a Real Estate and Its Implementation in Judicial Practice |
Introduction. In article one of the basic principles of the land right mentioned in Art. 1 of the Land code of the Russian Federation, the fixing priority of protection of the earth as the most important component of the environment and means of production in agricultural industry and forestry before use of the earth as a fast estate is investigated. Theoretical analysis. This principle means that possession, use and the order of the earth are carried out by owners of the land plots freely if it does not cause an environmental damage. Investigating this principle, the author notes that requirements for protection of the earth as natural object are designed for large land massifs, and establish features of protection of the whole categories of lands. From this the special requirements distributed to owners of the concrete land plots follow. Results. The author reasons a conclusion that uniform requirements neither for protection, nor for use of the land plots which equally would extend to all categories of lands do not exist. Conclusion. Having investigated the mechanism of realization of the principle of a priority of protection of the earth as environment component before its use as fast estate, the author reveals a number of the mutual rights and obligations of bodies of the public power and land users, with fixing of measures of responsibility for violation with the last of norms and rules, and limiting the rights of owners of the land real estate. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2017. Т. 17, вып. 2 |