Rules of Law and Rights-Terminating Legal Facts in the Mechanism of Legal Regulation
Abstract
The article is dedicated to the problem of studying the mechanism of legal regulation of social relations as well as one of its elements, namely, the rule of law. Due to the fact that legal regulation is characterized by general properties, laws and tendencies, the issue of rights-terminating legal facts in the mechanism of legal regulation of civil relations is actual and requires in-depth scientific research. The article aims to determine the place of rules of law and rights-terminating legal facts in the mechanism of legal regulation of social relations. The authors come to the conclusion that the mechanism of achieving the aim of legal regulation should be understood as a consistent chain of changes in individual legal phenomena: legal fact, rights and duties which exist in the civil-legal relations that arose on its basis, implementation of these rights and duties, and if necessary, their protection as well
References
[2] Bobylev, A.I. 1999. The Mechanism of Legal Impact on Public Relations. State and Law, 5: 104–109.
[3] Dudchenko, V.V. 2005. To the Issue on ‘Regulatory Facts’ State and Law: Collection of Research Works. Legal and Political Sciences, 30: 135–142.
[4] Hrevtsov, Yu. 2010. To Legal Consciousness: Legal Relations in Connection with Legal Facts and Rules of Law. The Law of Ukraine, 4: 148–155.
[5] Isakov, V.B. 1980. Legal Regulation and Legal Facts. News of Higher Educational Establishments, Series of Law, 5: 34–37.
[6] Kolosiuk, V.V. 2006. Legal Fact as the Basis of the State Obligatory Insurance. State and Law: Collection of Research Works. Legal and Political Sciences, 33: 389–394.
[7] Krasovska, V.H. 2009.The Mechanism of Legal Regulation as a System of Legal Means. State and Law: Collection of Research Works. Legal and Political Sciences, 43: 81–87.
[8] Pohribnyi, S.O. 2006. The Concept of the Mechanism to Achieve the Aim of Legal Regulation of Civil Relations. Problems of Legality: Republican Interdepartmental Scientific Collection edited by V.Ya. Tatsiy Kharkiv: National law Academy of Ukraine, 84: 47–52.
[9] Shcherbina, V. 2006. Bases of Appearance of Security Legal Relations in Labor Law. Entrepreneurship, Economy and Law, 9: 8–13.
[10] Stashchenko, O.S. 2009. To the Issue of the Social Mechanism Nature of Force of Law. State and Law: Collection of Research Works. Legal and Political Sciences, 46: 106–111.
[11] Yermolenko, V. 2005. Differentiation of Ownership relations and Legal Relations: Methodological Aspects. Entrepreneurship, Economy and Law, 11: 64–68.
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